does my son who is 16 need a lawyer for the drug possession charges

You need to speak to a criminal defense attorney in your area if you are charged with a juvenile drug possession crime. Whether you are a juvenile, or the juvenile's parent or guardian, understand that only a local criminal defense attorney is qualified to give you advice about your case.

Full Answer

Can a juvenile be charged with drug possession without a prescription?

While juveniles are often charged with this crime because they possess marijuana, methamphetamine, or other similar illegal drugs, possessing prescription drugs without a prescription can also lead to a drug possession charge. For example, it is not illegal for a juvenile to possess oxycontin if the juvenile has a prescription from a physician.

When is possession of a large amount of drugs a felony?

Possession of drugs over a certain amount: Possessing large quantities of drugs can result in felony charges. The amount possessed required for a felony charge may differ according to the type of drug and according to state laws. Drug “schedules” classify drugs according to how dangerous they are.

What are the consequences for juvenile drug possession?

Diversion. Diversion, also known as pretrial diversion or informal probation, is also a common consequence for juvenile drug possession offenders. Just as with probation, a juvenile on diversion must comply with specific court rules.

What happens if a juvenile is caught with Controlled Substances?

Possessing illegal substances in this manner is a crime in all states, and one that can lead to harsh penalties for juveniles. Adults who are caught with controlled substances are charged with a crime and have their cases handled in a regular trial court. Juveniles, however, are not usually charged with a crime in the same way.

Can you get probation for a felony drug charge in Texas?

If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.

What happens when you get a citation for drug paraphernalia in Texas?

Penalties For A Drug Paraphernalia Conviction Possession of drug paraphernalia is a Class C Misdemeanor punishable by a maximum fine of $500. Though there is no jail time, you should be aware that a conviction counts against you as having a prior criminal history in future cases.

Is having a dab pen a felony in Ohio?

Ohio law classifies the possession of a Schedule I controlled substance as a felony. The chemical compound tetrahydrocannibanol (THC) is a Schedule I controlled substance, and thus, the possession of pure THC is arguably a felony.

Are dabs a felony in Maryland?

Dabs are illegal in Maryland despite new laws making 10 grams of pot or less a civil offense. Police said the process turns pot into a more potent drug.

How do you get a possession charge dismissed in Texas?

Fight Drug “Possession” to Get the Charge Dismissed. Before conviction, the prosecutor must prove that the defendant was in knowing and intentional possession of drugs. Drug possession can be actual, joint, and/or constructive possession. These are legal terms you'll only see in the court setting.

How bad is a drug paraphernalia charge in Texas?

Possession of drug paraphernalia is typically charged as a Class C misdemeanor. As the least severe criminal charge in Texas, a Class C misdemeanor carries no jail time and a maximum $500 fine. In certain cases, however, possession of drug paraphernalia can be escalated to higher misdemeanors or even felonies.

What is a felony 5 drug charge in Ohio?

The State of Ohio can charge you with felony 5 drug possession if you possess less than the bulk amount of a controlled substance or a specific amount of marijuana, heroin, cocaine, or LSD. A felony 5 drug possession charge in Ohio carries a punishment of six to 12 months in jail and up to a $2,500 fine.

How many grams can you have in Ohio?

Like possession of small amounts of marijuana, Ohio has decriminalized giving someone up to 20 grams of marijuana.

What is minor misdemeanor in Ohio?

Minor misdemeanors are fine-only offenses with a maximum $150 fine. Examples include disorderly conduct, reckless driving, and possession of a small amount of marihuana.

Drug Possession: How a Lawyer Can Help

So you want to know more about drug possession – how a lawyer can help. This post should clear up any questions you may have about the severity of drug possession charges and why it pays to seek out the help of a skilled criminal defense attorney near you.

How Can a Lawyer Help with a drug possession charge?

A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a lawyer can help you minimize the consequences.

Understanding the Punishment for Drug Possession

Drug possession carries possible punishments such as an automatic license suspension, fines, and incarceration in prison.

Finding a Lawyer in Your Area That Specializes in Drug Possession

When looking for a lawyer who specializes in drug possession, you should consider the following:

Getting a Criminal Defense Attorney

The process is to find a lawyer, talk to them about your case, and make sure they can represent you in court. You should never try to represent yourself in a criminal case, as the stakes are too high. A good drug possession lawyer can help you understand your rights and what you’re up against.

How much is a hefty fine for drug possession?

Hefty fines – Drug possession charges end up mostly on hefty fines. The fines can be as minor as $100 or even less or can be significantly hefty as $100,000 or more.

What is the crime of possession of drugs?

The crime of drug possession occurs when someone intentionally or knowingly possesses the controlled substance. Prosecutors in such cases don’t really need to show that the defendant knew that possession is illegal, but they have to prove that the suspect possessed the controlled substances knowingly and was intending to use them in any case.

Why do drug possession cases come in front of the police?

Most of the drug possession cases come in front as a result of interactions between the police and the motorists. It’s relatively common and easy for the police to catch drivers with drugs in the vehicle and charge them with possession.

What is the definition of possession?

Possession refers to the physical or personal control of a legal substance. Courts have prescribed that a person can have either constructive or actual possession of the drugs. Actual possession happens, when a person has the drug in his/her pocket or personal custody, or s/he has control over such substances like having the drugs in the car or a bag. It will be a constructive possession if a person has hidden the controlled substances in his home.

Possession With Intent to Deliver

Being charged with Possession With Intent to Deliver Controlled Substances (PWID) can carry harsher penalties. Dealing, growing, transporting, producing, and fraudulently obtaining drugs is considered a felony and in addition to state charges you can also be charged with a federal crime.

Drug Paraphernalia

Drug possession charges are often accompanied by drug paraphernalia charges. Convictions for these charges come with fines up to $2,500 and up to a year in prison. Drug paraphernalia includes glass pipes, roach clips, bongs, syringes, injecting kits, and even spoons. If you have been charged with Drug Paraphernalia, call us today.

What does it mean to be charged with drug possession?

In Massachusetts, drugs (or illegal substances) are categorized into five different “classes” A through E. If law enforcement finds you in possession of these controlled substances and you do not have a valid medical prescription for them, it is considered a drug crime and you can be charged with drug possession.

What are the penalties for drug possession?

The severity of the penalty related to a drug crime, like drug possession, depends largely on what class of drug was found in your possession. For example, penalties for possession of Class A drugs like heroin, morphine, or ketamine, can carry a penalty of up to 2 years in jail and/or a $2,000 fine.

How can an attorney for drug possession help defend my case?

In order to be found guilty of a drug possession charge, the prosecution must prove that you were aware that you were in possession (carrying or control) of the drugs in question. Demonstrating the mere presence of the drugs does not necessarily indicate culpability.

How long can you go to jail for a drug offense?

It may also depend on whether the person is a first-time offender or a repeat offender. For instance, first-time drug crimes can range from 1-3 years in prison, with fines ranging from $500 to several thousand dollars. Repeat offenders may face 3-15 years in prison and much higher criminal fines.

What is a felony drug charge?

What are Felony Drug Charges? Generally speaking, felony drug charges are more serious drug crimes. Under state and federal criminal laws, felony charges typically result in a sentence in prison for greater than one year, along with serious criminal fines. In contrast, misdemeanor charges will usually result in a sentence in jail (not prison), ...

What does possession of large amounts of drugs mean?

As mentioned, possession of large amounts of some substances may lead the police to assume that the drugs were being held for the purpose of selling them (“possession with the intent to sell”); Trafficking Drugs: Drug trafficking involves the transport of drugs or illegal substances.

Is drug possession a misdemeanor?

To answer, drug possession can be a simple misdemeanor if it involves only small amounts being possessed for personal use. In comparison, possession of large amounts of the same type of drug may result in felony possession charges. In most cases, selling, trafficking, or distributing drugs is classified as a felony under most state laws.

Can a felony drug charge affect immigration?

For instance, a person’s immigration status can be severely affected by a felony drug charge. Depending on the case, some felony drug crimes can be considered “crimes of moral turpitude”, especially if the crime involved violence or threats to public safety.

Can you be charged with a felony for transporting drugs?

This might not necessarily involve the sale of them; however, transporting them can lead to felony charges, especially if large amounts are being moved. Penalties may also increase if the drugs are being trafficked across state lines. As mentioned, the type of drug can also determine whether a drug crime is punished as a felony.

Is selling drugs a felony?

In most cases, selling, trafficking, or distributing drugs is classified as a felony under most state laws. This is because there is a potential for more people to be harmed or affected by the distribution of the drug.