QUESTION
What is the punishment for a minor distributing a controlled substance on school grounds?
Asked on Nov 28th, 2011 on Criminal Law - New Jersey
More details to this question:
What is the criminal punishment for a 17 year old distributing a controlled substance on school grounds and also having possession of a pipe?
20 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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At age 17, he is not a minor. Without any prior acts, probably probation and HYTA sentencing.
Answered on Dec 12th, 2011 at 9:41 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Start with automatic and permanent expulsion from the school district. Factors to consider: was if high school, junior high, or elementary school? What types and quantity of drugs were being possessed and distributed? The answers to these questions will determine the level of charge. While you are 17, and that technically is a "minor", the prosecutor could still elect to charge you as an adult. Potential charges: possession of a controlled substance (if you had pills, you could conceivably receive a separate charge/count for each pill), possession with intent to distribute, possession of drug paraphernalia. For the distribution charge, you could receive one count for each person to whom you delivered the drug. You are probably look at felony charges, which could carry with it some substantial jail time, as well as loss of your constitutional rights. The fact that you were dealing/distributing on school grounds may also result in an enhancement of the penalties (ie., jail time and possibly prison time), for reason that schools are considered to be specially protected areas. A conviction of these types of charges will more than likely disqualify you from attending most colleges (if that is your intent), and certainly disqualify you from federal grants, scholarships and student loans. My advice to you is to retain a good criminal defense attorney in your area.
Answered on Dec 06th, 2011 at 6:23 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The person, at 17, is an adult - not a minor. This person needs a lawyer because there is a potential for prison.
Answered on Dec 05th, 2011 at 3:08 PM
Samuel H. Harrison
In Georgia, a 17 year old is considered an adult for criminal law purposes. The possession of the pipe is a misdemeanor (12 months, $1,000 fine maximum). The punishmentfor the distributing count depends on the type of drug and the amount.
Answered on Dec 05th, 2011 at 2:04 PM
The juvenile court may retain jurisdiction or decline, in which case the minor would face charges in adult court. Punishments in adult court in Washington are in the form of standard ranges for jail or prison and are determined by the seriousness level of the crime and the defendant's offender score, based on criminal history. So your question cannot be answered without this information.
Answered on Dec 05th, 2011 at 1:34 PM
If it is charged as a misdemeanor then if convicted probation and a fine.
Answered on Dec 03rd, 2011 at 1:03 AM
At 17, a person is considered an adult in the eyes of the criminal law. His punishment would be what an adult could receive.
Answered on Dec 02nd, 2011 at 9:54 AM
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Big time. Felony. Depends on the drug. But on school grounds aggravates it. You are going to need to hire the best attorney you can afford to avoid prison.
Answered on Dec 02nd, 2011 at 8:41 AM
Well it can range depending upon the facts and circumstances. Custody time is not out of the question for a crime such as this. If you or a loved one is being charged with this offense they need to contact an attorney.
Answered on Dec 02nd, 2011 at 8:40 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First, under the eyes of the law, a 17-year-old will be charged as an adult and not a juvenile for criminal actions. Second, if he was distributing something like cocaine or heroin for example, he could be facing felony charges. This is a very serious matter and he needs to have experienced criminal representation.
Answered on Dec 01st, 2011 at 9:59 PM
In Massachusetts a seventeen year old is not considered a minor. The seventeen year old is treated as an adult and the case will be in adult court. Distribution in a school zone is a mandatory jail sentence.of 2 years.(no parole or early release) It is a felony offense. Possession of drug paraphernalia is a misdemeanor offense punishable up to 2 years in jail. The sentence is not mandatory. If you do not have an attorney, it is advised that you get one soon.
Answered on Dec 01st, 2011 at 8:49 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
Answered on Dec 01st, 2011 at 8:49 PM
James Edward Smith
Since this involves a juvenile probation is likely if there is not much of a juvenile record. Perhaps expulsion by the school might happen as well.
Answered on Dec 01st, 2011 at 7:17 PM
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The minor can be treated as an adult. Hopefully he will be addressed in Juvenile Court and will not face prison. If he is treated as any adult he would probably get youthful offender treatment and avoid prison with probation. You need to sit down and talk to a lawyer right away.
Answered on Dec 01st, 2011 at 7:16 PM
Daniel Kieth Martin
The answer depends on the controlled substance. Simple possession of a controlled substance is covered in Health and Safety Code (H&S) Section 11350 (a) and it is punishable by 16, 24 or 36 months or probation. The sale of a controlled substance is covered under H&S 11352 (a) it is punishable by 36, 48, 60 months in prison. (There are different punishments for selling marijuana and non-narcotic controlled substances. In this case we are dealing with a minor, he would not go to prison. He would be housed in juvenile hall until suitable placement is approved by the court or until he has spend the maximum term of confinement (as defined by the particular statute that he is convicted of) or until he is 21 years old. It is very unlikely that he would be housed until he was 21. The oldest person that i have seen in juvenile hall was 19 years old. He had picked up a case as a juvenile and he kept getting in trouble.
Answered on Dec 01st, 2011 at 7:16 PM
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Depends on the substance - MJ distributed without payment of any kind might just be possession, anything else and it is distribution regardless of payment school grounds is an aggravator the pipe possession is very minor if this stays in juvy court, the sentence can be very light, like probation if this goes to adult court, it can be very serious including prison.
Answered on Dec 01st, 2011 at 7:13 PM
Civil Rights Attorney serving Chicago, IL
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Jackowiak Law Offices
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It depends on the amount of the substance that was recovered, and the age of the minor. If the minor is charged as an adult, any charge distributing a controlled substance (DCS) charge is going to be at least a Class 2 Felony, and possibly a Class 1 Felony, or a Class X felony. That the matter occurred on school property would enhance the crime by one class (a Class 2 case on school grounds becomes a Class 1 case, a Class 1 case on school grounds becomes a Class X case.) Probation is a possible sentence in non-violent drug cases. When probation is not offered, the sentencing range for prison time is as follows: 3-7 years on a Class 2 case; 4-15 years on a Class 3 case; and 6-30 years on a Class X case.
Answered on Dec 01st, 2011 at 7:09 PM
Michael J. Breczinski
Under Michigan law the 17 year old is an adult for purposes of being charged with a crime and how much depends on the quantity and the type of drug.
Answered on Dec 01st, 2011 at 7:09 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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It depends on a whole lot of considerations (what was he distributing? was he giving it away or selling it? how much did he have? what is his criminal record like? etc.) It's really hard to answer that questions without knowing the details. Talk to an attorney ASAP.
Answered on Dec 01st, 2011 at 6:52 PM
Gary Moore
Assuming the substance was marijuana, the maximum sentence would be five years in prison, if he were in adult court. As a first offender in juvenile court he would receive probation in all likelihood.
Answered on Dec 01st, 2011 at 6:31 PM