Minors Facing Drug Charges In Florida
It is, unfortunately, not uncommon for minors to experiment with drugs, either on their own or with friends. Many do not see it as particularly serious, despite the inherent dangers – but being charged with a criminal offense can be a very rude awakening. If your child has been charged with a drug crime, you need a knowledgeable attorney to help guide your family through the legal process.
Prosecuted Aggressively
As in adult cases of drug possession, the level of the charges to be brought against a minor defendant will depend primarily on two factors: the nature of the controlled substance involved, and the amount of the substance or mixture. In the event that someone is found to possess a mixture of two controlled substances, the total weight of the mixture is the one that will matter. Possession of a controlled substance is usually charged as a felony, with rare exceptions (small amounts of cannabis, mostly).
Due to the state’s difficult past with drug cartels, Florida prosecutes drug crimes very aggressively today. If a minor is found with any kind of controlled substance on their person, or if they are found to have ‘constructive’ possession of a controlled substance, they will face very similar penalties to an adult facing the same charges. However, depending on the specific case, juveniles will sometimes be charged as adults if the drug-related offense is considered serious enough to warrant it.
Juvenile vs Adult Court
If your child has never been in trouble with the law before, their case may wind up in juvenile court, particularly if the charge is for cannabis possession, which is usually tried as a misdemeanor. Juvenile court is designed to hold minors accountable while still preserving their ability to ‘start over’ once they reach adulthood – for example, Florida allows juvenile records to be sealed if they meet certain criteria or if the juvenile has completed a diversion program.
That said, it is entirely possible for your child to be charged as an adult if they have had previous legal issues or if enough of a Schedule I substance is involved – in Florida, controlled substances are divided into schedules, with I housing the most addictive drugs, with the least potential for medical use. Enlisting an attorney experienced in juvenile drug cases is crucial in order to give your child the best chance at avoiding serious consequences.
Contact A West Palm Beach Juvenile Drug Possession Attorney
Hearing that your child has been charged with a drug crime in Florida is something no parent ever wants to hear – but a West Palm Beach juvenile drug possession attorney from Perlet & Shiner, P.A. can help ensure that their rights are protected. Contact our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html
