QUESTION
What charges are in place for a minor distributing ecstasy?
Asked on May 26th, 2011 on Criminal Law - New Jersey
More details to this question:
My 16 year old son purchased an ecstasy pill for him and a friend. His friend, a 14 year old girl, had a severe reaction to it, which resulted in my son calling her parents and having them take her to the hospital. She is fine now. He had only purchased two ecstasy pills, and they each took one. What possible consequences is he looking at?
16 ANSWERS
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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He could be charged with delivery of a controlled substance if he admitted giving her the ecstasy. This would be a very serious charge. You should consult an attorney.
Answered on Jun 01st, 2011 at 10:28 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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These are serious charges your son needs to be represented by defense counsel forthwith, and we can represent him.
Answered on Jun 01st, 2011 at 8:50 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In Michigan, the charges could include possession with intent to deliver, or, delivery of a controlled substance. There may be additional charges. The apparent difficulty in the case is the injury to the girl. Also, the stigma of ecstasy as the "date rape drug." This case should be handled carefully with the hope that the charges against your son are in the juvenile court. At age 16, he could either be charged as an adult or as a juvenile. The consequences to his record can be less severe as a juvenile. The first and most important advice in this situation is to retain an attorney. Statements should not be made, as they could be viewed as admissions which could compromise the defense in this case. I hope that this was helpful. Should you need representation in the Detroit metro area, you may consider immediately contacting my office.
Answered on Jun 01st, 2011 at 8:46 AM
Michael J. Breczinski
In Michigan he can be charged as a juvenile for the Possession with intent to deliver and also delivery of a controlled substance. He would be subject to juvenile sentencing, which is different than adult sentencing since it is tailored to try to get the youth back on the straight and narrow. This can range from a form of probation to having to stay in a youth facility. There could also be separate charges if the girl was seriously hurt or even died. Some of them could possibly get him charged as an adult.
Answered on May 31st, 2011 at 4:10 PM
As a juvenile, he is not charged with a crime as he would be if he was an adult. The prosecutor can file a petition in juvenile court alleging that your son violated the law. The petition would look very much like he is being charged with a crime. What "charge" is brought would be solely in the discretion of the prosecuting attorney. Once a petition is filed, the Court would determine if there is enough evidence to go forward. If there is a plea or a finding or responsibility, the Court would then determine what type of "sentence" would best serve the needs of your son. During this process, your son is entitled to be represented by an attorney. Since this is a matter in juvenile court, the possible consequences vary to such a degree that without knowing more an accurate prediction cannot be made.
Answered on May 31st, 2011 at 3:58 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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He is likely to be charged with possession of a controlled substance; distribution of a controlled substance; and recklessly endangering. Act quickly, he needs a lawyer. Has he already given a statement to the police?
Answered on May 31st, 2011 at 3:12 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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First, he needs to hire a lawyer like myself that specializes in this area of the law. He is looking at a criminal offense of possession with intent to deliver, a 4-year felony.
Answered on May 31st, 2011 at 3:06 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Misdemeanor or felony charges. Thats up to the police and prosecutor. Youll learn the actual charge[s] filed against you when he appears for arraignment at your first court hearing. My advice to him: When charged with a felony, you potentially face one or more years if convicted; on a misdemeanor, you potentially face up to 6-12 months. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. He could also be sued by the other parents for their damages and costs, and you would likely be named in the suit as well as the responsible adults. Call me for defense if that happens.
Answered on May 31st, 2011 at 1:22 PM
Whenever a minor has been arrested it is deep concern for not only the minor but also the parents. An experienced criminal defense attorney can help the minor maintain his good name and his future open. Since proceedings involving minors can, depending on how they are initiated, be either reformative and rehabilitational in nature or punitive in nature like the adult system, it is best to hire a private attorney quickly.
Answered on May 31st, 2011 at 12:26 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Drug possession is one thing, but distributing them is another matter that the law treats more serious. Even though he is a juvenile he could be charged as an adult if the prosecution petitions to do so. You need to make sure your son has experienced representation from a criminal defense attorney. Most will offer a free initial consultation.
Answered on May 31st, 2011 at 12:25 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Your son will treated as a juvenile until 17 so in all likelihood he would be put on probation with a juvenile probation officer. In certain circumstances the state can move to find a juvenile an adult and treat accordingly. I strongly recommend that your son get representation in either a juvenile or adult criminal matter.
Answered on May 31st, 2011 at 12:20 PM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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You need to hire a lawyer immediately!
Answered on May 31st, 2011 at 11:50 AM
Theodore W. Robinson
Possession and sale of a controlled substance- as an adult, since he's sixteen and she's a minor, they will likely add endangering a minor as well. Consult immediately with an experienced criminal lawyer and fight it sooner than later. Good luck.
Answered on May 31st, 2011 at 11:45 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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He's looking at felony charges for sales or distribution of a controlled substance. Health and Safety Code section 11378 covers the distribution of ecstasy. He needs an attorney to represent him in juvenile court - there are several issues with what you wrote that may impact how the DA proceeds and what outcomes your son may be looking at. If you can afford to do so, you can hire a private criminal defense attorney that routinely practices in the County where your son's case is - or he's entitled automatically to a public defender when he goes to court. In the mean time, he should say absolutely NOTHING about this to anyone except his attorney and only in confidence. NO facebook posts, NO texts, NO emails..... nothing. Anything he says can only hurt him from here.
Answered on May 31st, 2011 at 11:45 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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The potential charges are the same as for an adult and could include possession of a controlled substance, distribution, transportation, and other possible offenses.
Answered on May 31st, 2011 at 11:37 AM
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He could be charged with possession of a controlled dangerous substance with intent to distribute. In New Jersey, that is a third degree crime, though juveniles are not handled in criminal court. They are handled in family court. Penalties for a conviction range from time in juvenile detention (unlikely on a first offense) to probation with community service, counseling and license suspension.
Answered on May 31st, 2011 at 11:36 AM