QUESTION
What will happen to my underage daughter after selling ecstasy pills at school?
Asked on May 04th, 2011 on Criminal Law - Nebraska
More details to this question:
My daughter is 15 and she got caught selling ecstasy pills in school. How much time in jail could the judge give her?
14 ANSWERS
At 15, your daughter is a minor and any "charges" brought against her would be in the nature of a juvenile delinquency petition in the family division of circuit court. Since she is not 17, she cannot be sent to jail. She could, however, as part of a final disposition, be sent to either a secure or non-secure juvenile detention center. Typically, however, if this is her first offense, she would be put on probation with certain restrictions and requirements which may include random drug testing and a strict curfew. In a juvenile delinquency proceeding, your daughter would have the right to an attorney, either retained by you or her or appointed by the court if she could not afford an attorney. If you want further information, contact us.
Answered on May 12th, 2011 at 9:16 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Your daughter should be represented by an attorney who handles juvenile law matters. She will be charged in the juvenile Court. While her case could be waived and she could be tried as an adult, it is more likely that it will stay in the juvenile court. In juvenile court, the choices are diversion, probation, youth home detention or state placement, It could be as long as when she reaches 19 years old. however, I believe that this is unlikely. Should you need assistance, I handle numerous juvenile matters. You may contact me for an appointment.
Answered on May 09th, 2011 at 12:15 PM
Geoffrey MacLaren Yaryan
Since she is a juvenile she will not go to jail. She will likely be placed on juvenile probation with conditions that my include weekends in juvenile hall. While that's confinement it is not jail.
Answered on May 09th, 2011 at 11:40 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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If this is your daughter's first brush with the law, she will probably be eligible for Informal Probation (W&I 654) or Diversion (W&I 790). There will be a Detention Hearing and a Disposition Hearing. You might want to consult with a local, experienced Criminal Defense Attorney with experience in Juvenile Law.
Answered on May 09th, 2011 at 10:43 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The penalties for such offenses involving schedule I narcotics in Louisiana are 4 - 10 years jail time and fines of up to $5,000. You should hire an attorney for your daughter immediately.
Answered on May 09th, 2011 at 9:28 AM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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The adult range for possession for sale of ecstasy in violation of California Health and Safety Code Section 11378 is a felony punishable by 16 months, or two or three years in prison and a maximum $10,000 fine. As a juvenile your daughter's case will be in juvenile court and she is looking at custodial time in juvenile hall if convicted. As a minor she has no right to a jury trial but will be tried by a judge sitting on the bench (a bench trial).
It's difficult to provide a final answer to a question related to sentencing, since every county has different programs available. However, many judges in juvenile court will consider school performance (grades, attendance and behavior) as well as a parent statement, before making a settlement offer before trial.The typical sentencing range for a first offense as a juvenile in California, ranges from a period of probation from one year to placement in a Probation Camp setting for up to 9 months.
Her charge is very serious as ecstasy is considered to be a dangerous drug.
Answered on May 06th, 2011 at 11:50 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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As you most likely know, selling ecstasy is a very serious felony offense punishable by 16 months, two or three years in prison. The fact that she was selling it at school only serves to aggravate the matter. On the positive side, she is being charged as a juvenile where rehabilitation is still a goal. As for what happens now, that depends on a number of factors including, but not limited to, the facts of the case, your daughter's criminal history (if any), her overall performance in school, etc. The best thing you can do for your daughter, and you, is to immediately contact an experienced juvenile defense attorney to sit down with you and your daughter and fully evaluate this case. Only then, can someone truly advise you as to what the potential consequences may be. I hope this answer was helpful. Good luck.
Answered on May 06th, 2011 at 11:46 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Assuming she is treated as a juvenile offender, none. She could be put in a detention facility, however. Best bet is to hire the best lawyer you can afford.
Answered on May 06th, 2011 at 11:20 AM
If she is being prosecuted in family court and she has no prior record, she is not likely to get any jail time. She is likely to get some community service and a period of adjustment where she must stay out of trouble.
Answered on May 06th, 2011 at 11:15 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That's a serious offense which rises to felony status which means she is potentially facing years in prison. However, given her age, hopefully they will charge her as a juvenile as opposed to an adult. This would keep her adjudication private and keep her out of the adult system. My suggestion is to speak with or retain an experienced criminal attorney as soon as possible.
Answered on May 06th, 2011 at 11:10 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If she has never been in trouble before they will not give her time. They will probably just order her to go home, maybe set a curfew, etc. Tell her to leave Ecstasy alone. Like LSD it can be quite dangerous from time to time.
Answered on May 06th, 2011 at 11:01 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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She will likely be charged with being a delinquent. As your daughter is 15 she will not be looking at jail, she could end up being on juvenile probation, possibly with other juvenile consequences. It is important that she get a attorney, most likely a public defender would be appointed based on her income and assets.
Answered on May 06th, 2011 at 11:01 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If charged with a felony, you potentially face one or more years if convicted.
Answered on May 06th, 2011 at 10:59 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Since she is under the age of 16, there is a good chance she will be charged in juvenile court. Whether she ends up spending time in the youth center vs. some type of probation largely depends on the facts and her past criminal history.
Answered on May 06th, 2011 at 10:55 AM