What Will Happen if I Get Caught With Drugs as a Minor?

Drug offenses are serious in South Carolina. Although minors are usually sent to the juvenile justice system, it is possible for any juvenile drug possession charges to derail a young person’s life. Call William G. Yarborough today to speak with a Greenville drug charges lawyer. We have fielded calls from frantic parents at all hours of the night, and we are available to help.

What Happens if a Minor Gets Caught With Drugs?

The juvenile justice system is set up to address the unique needs of minors. The key focus is on rehabilitation so that the minor can fix any problems, including drug addiction. Once rehabilitated, a minor can become a productive member of society.

The juvenile process will depend on many factors. At the outset, we need to emphasize that not all drug offenses are the same. If a minor is caught with a small amount of weed in their backpack, then they face a different process than if they were distributing drugs on school property.

Here is a rough outline of what happens if a minor gets caught with drugs.

Arrest & Possible Release

If caught with drugs, a minor will be taken into custody, but they will not go to jail. Instead, the Department of Juvenile Justice will determine whether to release the minor to their parents or guardian or whether to place them in a detention facility, foster home, or other facility.

Interrogation

The police can interrogate a minor about their participation in an alleged crime. A juvenile has the same constitutional rights as an adult, including the right to an attorney and the right to remain silent. Unfortunately, many minors are unaware of these rights, and they might make incriminating statements.

Detention Hearing

The detention hearing should happen within 48 hours of the minor being taken into custody. Unfortunately, these hearings can be held without parental or guardian involvement, so long as a reasonable effort was made to contact them.

Any minor caught with drugs could be detained if they are suspected of committing a major crime, like trafficking or distribution. A judge will consider many factors when determining whether to detain a minor, including the severity of the crime.

Getting Waived into Adult Criminal Court

A minor caught with drugs might be waived into adult court. For example, if your charges involve illegal distribution of drugs within a half mile of a school, then a waiver is much more likely. Waiver is reserved for the most serious offenses.

Adult court has many differences, including the right to a jury trial. However, a minor can also face adult penalties. Contact an experienced lawyer to discuss the juvenile drug possession penalties.

Pretrial Intervention & Drug Court

A minor caught with possession of drugs might be diverted out of the justice system. This is highly likely when a minor is caught with a small quantity of drugs, instead of distributing large amounts.

For example, a juvenile might participate in drug court, where treatment and education are the focus. Drug court is often an excellent choice for families when their teen is caught in possession of drugs, since the minor can get the help they need.

Adjudication Hearing

If a minor’s case is not diverted out of the justice system, then they will participate in an adjudication hearing.

Minors are not tried by a jury or found guilty. Instead, the focus of the adjudication hearing is whether the minor is delinquent. This different focus is consistent with the juvenile justice focus on rehabilitation.

A minor can admit to being delinquent or request a trial before the family law judge. A lawyer can help families decide which option is best. Some considerations are the strength of the evidence. A minor is not required to testify against themselves.

Delinquency: Juvenile Drug Possession Penalties

Although juvenile justice is not focused on guilt or punishment, underage defendants nonetheless face a range of penalties if found delinquent. To be sure, minors will not simply receive a slap on the wrist and be told to behave.

Instead, a judge can order:

• Mandatory counseling
• Examination and/or treatment by medical professionals
• License suspension
• Probation
• Commitment to a detention facility

Probation

The judge might also order probation to last up to the minor’s eighteenth birthday. Probation comes with conditions, including:

• Restitution to victims
• Attendance at school
• Drug testing
• Community service
• Home detention with monitoring
• Drug treatment

Minors must fulfill all conditions of their probation, otherwise, they can end up back in court. Parents are often critical of ensuring their child stays on the straight path and does not reoffend. Attorney Yarborough can advocate for your child at the adjudication hearing and explain why your child should receive lessened penalties.

Detention

Detention in a facility is rare for a simple possession charge. A minor is more likely to be detained at a facility if they were distributing drugs. We mention it here for the sake of being complete.

A sentence at a facility can be either for a definite, fixed amount of time or indefinite, but not to extend beyond the minor’s 21st birthday. Minors are often released from detention with conditions, such as mandatory community service.

Expungement

Juvenile records are not automatically sealed in South Carolina. Instead, a minor will need to apply for expunction when they reach age 18, and they must receive court approval. The possibility of expungement often goes into the calculation of how a juvenile and their family respond to drug possession charges.

Get Legal Help with Any Juvenile Drug Possession Case

Minors have a legal right to counsel, and families should reach out to a lawyer quickly. Any adjudication of delinquency can create problems moving forward. For example, some universities or employers require disclosure of any juvenile adjudications, regardless of whether they are sealed when the minor reaches adulthood.

There is no reason to immediately have your child admit guilt. Instead, think through all options with an experienced lawyer. Attorney Yarborough is available to meet in a confidential, secure consultation at a convenient time.