QUESTION

My sons are 18 and 20 and were arrested in Nebraska for possesion of Marijuana with the intent to distribute. Can they be tried as juveniles if both are full time students and supported by their parents?

Asked on Aug 06th, 2002 on Criminal Law - Nebraska
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My sons are 18 and 20 and were arrested in Nebraska for possesion of Marijuana with the intent to distribute. Can they be tried as juveniles if both are full time students and supported by their parents?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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No. The juvenile court system only applies to those under the age of 18 at the time of the offense. If your son\\\'s were over the age of 18 at the time of the alleged crime, they will be tried in the adult system as adults. Their status as students receiving financial support from parents does not affect this. Even if they lived at home they would not be considered juveniles once they reached the age of 18. Further, even if your sons were under 18, in Nebraska and many other states, they could be tried as adults for felonies, since both the juvenile and adult district courts have what is called \\\"concurrent jurisdiction\\\" of juveniles under age 18 who have committed acts which are felonies. The penalties for marijuana possession in Nebraska vary according to the amount. For amounts under one ounce, the offense is an infraction and the penalty is a fine of $100.00. If the amount of marijuana is between one ounce and one pound, the offense is a misdemeanor. Amounts in excess of one pound are felonies. The more serious charge is possession with intent to distribute marijuana. In most states, including Nebraska, this is a felony regardless of amount. The intent to distribute can be established by circumstantial evidence, such as the amount of the substance (if greater than that which would be considered normal for personal use), any equipment and supplies found with the marijuana, the manner of packaging and/or the testimony of witnesses. Your sons need competent legal advice, and I recommend you seek out an experienced state criminal defense lawyer in your area.
Answered on Aug 06th, 2002 at 12:13 AM

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