Minor in Possession of Drugs in Georgia

Cobb County Drug Crime Lawyer

When a minor is caught in possession of these illegal substances or prescription medication without a prescription, they could be charged with a juvenile in possession crimes. While they are still charged in court, the trial will be held in juvenile court. The case could be handled less formally. While the juvenile court is less formal, it is highly recommended parents retain a skilled Cobb County drug crime attorney for their minor. I have successfully handled thousands of cases over the last decade. I am confident I can successfully represent your minor child arrested for drug possession.

My firm offers free case reviews. Call me today to discuss your case. 888.228.2775

Possession Requires Knowledge or Control

Juvenile possession requires both the knowledge of the substance and the control. A minor who knowingly possesses an illegal drug can be charged with possession. Minors can also be charged with possession if they are caught with drugs they are not prescribed. For example, if a minor was caught in possession of Adderall without a prescription, they could be guilty of juvenile drug possession.

Knowledge

In order to convict a teen of juvenile possession, the prosecution must demonstrate that the individual had knowledge of the substance’s existence before the time of the arrest. For instance, a group of teens heads out for a weekend vacation at one of their parents’ cabins. One of their friends packs marijuana in their suitcase for the weekend. During their drive up the mountain, the tire goes flat, and they are forced to pull to the side of the road.

A police officer pulls over to help. When the driver opens the trunk, the officer smells marijuana, which gives him or her probable cause to search the vehicle. While the drugs are in the trunk of the driving teen’s car, they may have had no knowledge of its existence. In this situation, a skilled Cobb County drug crime attorney could argue the minor had no knowledge of the drugs and therefore should not be charged with possession.

Control

To be charged with possession a police officer is not required to catch the minor holding the illegal substance rather, they must only demonstrate that the minor had control over where the drugs were found. This could mean the drugs were found in the juvenile’s bedroom, locker or in their car while they are not currently driving.

Penalties of Juvenile Drug Possession

If your minor has been arrested for drug possession, they are facing serious penalties. While these penalties differ from the penalties an adult would face during a regular trial, they should still be taken seriously. Below is a list of the penalties for juvenile drug possession.

  • Counseling: While a teen is minor, the court's primary focus is to rehabilitate them. For this reason, the minor will likely be required to attend drug counseling with his or her parents or legal guardian.
  • Probation: A teen convicted of drug possession will likely also face probation. When a juvenile is put on probation, the court can require they follow a set of guidelines or risk further punishment. These guidelines could be conditions like attending school regularly, getting a job, or performing community service.
  • Diversion: This option is only available in some courts and is usually only offered to first-time offenders. Diversion is often like an informal probation without the need for a court order. If the teen complies with the diversion, the charges are often dropped.
  • Detention: Detention is rare for first-time offenders because the courts are focused on rehabilitation, but in some cases, a minor can be placed in a detention center if they are convicted of drug possession. Detention can also include home confinement, or placement with a foster family or another guardian.

Trusted, Experienced Drug Crime Defense

In Georgia, the courts often see drug possession as signs of other serious issues. If your minor has been arrested on drug possession charges, it is imperative you speak with a skilled attorney immediately. I have experience as a former prosecutor, which means I can bring some insight to how the courts might handle your juvenile’s case. Additionally, I was named as one of the Top 100 National Trial Lawyers, which is an exclusive list. Only attorneys who have demonstrated superior legal skills, qualifications, and success are admitted to this prestigious list.

Contact The Sylvan Firm, LLC today to get started on your case.

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