For a teenager, being caught with drugs can feel devastating. In California, the juvenile justice system, however, tends to place a greater focus on rehabilitation rather than severe punishment for drug possession crimes. However, a rehabilitative approach does not mean a lack of consequences. Whether it is direct warnings, possible incarceration in a juvenile hall, required counseling, probation, or even their long-term college and career opportunities, the court process a teenager experiences after being charged with drug possession can severely alter their lives. Knowing what may occur is vital to juveniles and their families who have to go through this challenging process.

What is the Meaning of Drug Possession By a Minor in California?

In California, it is essential to know what possession entails in terms of juvenile drug crimes because it does not necessarily mean holding a substance in the hand. The law differentiates between several forms of possession with legal implications for a minor. Actual or physical possession refers to drugs being directly on the person, like in their pocket, backpack, or hand. This immediate physical possession does not allow much ambiguity over who possesses what.

The concept of constructive possession, however, expands upon the scope. This is the case when a minor is in possession of the drugs, not necessarily when they are in physical contact with them. For example, when a minor has drugs in their car glove box, school, or even a bedroom shared with parents or guardians, they may be accused of constructive possession. This legal definition acknowledges that culpability can arise from control rather than direct possession, as opposed to direct physical contact. This subtlety usually needs a keen legal interpretation because proving that the minor had knowledge and control over the substance is crucial.

Key California Laws Governing Juvenile Drug Possession

Several important laws regulate possession of drugs by minors in California, defining the particular substances and their legal consequences.

California Health and Safety Code section 11350 (HSC §11350) covers the possession of controlled substances, including cocaine, heroin, and prescription medications with a legitimate prescription. This law applies to vast categories of illegal drugs and is a typical accusation leveled against minors.

Similarly, the possession of methamphetamines is specifically addressed in Health and Safety Code 11377 (HS 11377). Although HS 11350 and HS 11377 relate to illicit substances, the specific statute applied depends on the type and classification of the drug.

Furthermore, the Health and Safety Code 11357 (HS 11357) is concerned with the possession of marijuana. Although recreational marijuana is legalized in California among adults over 21, it is still undoubtedly illegal for minors. Thus, every minor under the age of 21 who possesses marijuana, even in small amounts, can be prosecuted under this code. These laws establish the legal basis for trying juvenile drug offenders' possession cases and specify the particular crimes a minor may be accused of depending on the drug type involved.

Stages of a Juvenile Drug Case

In California, when a minor is suspected of possessing drugs, the process of passing through the juvenile justice system usually starts with an arrest or citation. This first contact with the police may happen in different places, including school, a traffic stop, or a civilian complaint. Sometimes, the minor may be released to the parents with a citation to appear in court. In other cases, the minor may be temporarily detained, leading to additional interactions with the juvenile justice system.

After the initial contact, the case is referred to a probation Intake Officer. It is a critical point in the juvenile court procedure. The probation officer conducts a preliminary review of the case, assessing:

  • The nature of the crime committed
  • The previous history of the minor (in case of any)
  • The child’s family circumstances

The probation officer is given considerable discretion during this critical intake meeting. They may decide to dismiss the case or deal with it informally by placing it into a diversion program or counseling, or refer the case to the prosecutor and press formal charges. This preliminary evaluation is usually the most appropriate time when an attorney can step in and give mitigating circumstances and present mitigating factors to avoid formal court proceedings. Early legal intervention at this phase can significantly impact the direction of the case, and it can even result in an out-of-court settlement.

If the probation officer finds it necessary to intervene formally, if formal charges are pursued, the prosecutor could file a petition under Welfare and Institutions Code 602, which governs delinquent acts. The document is the charging document in the juvenile court system, similar to a criminal complaint in adult court. However, the petition in a WIC 602 proceeding is not a criminal proceeding but a proceeding to have the minor become a ward, which differs from criminal proceedings in adult court and is consistent with the rehabilitative and supervision-oriented nature of the juvenile system. The petition contains the details of the particular accusations against the minor, bringing the official legal proceedings into motion. The filing of the petition will mean that the case will be taken through a set of well-planned hearings to establish the facts of the case and, in the event of need, take the necessary interventions.

The juvenile court proceeding ends with a series of hearings, each with a different purpose. The first hearing is the arraignment, where the minor will be formally notified of the charges against them, and they, along with their parents or guardian, will enter a plea. This is followed by pre-trial hearings during which attorneys can file motions, bargain with the prosecutor, and consider possible resolutions, which may result in reduced charges or participation in diversion programs.

If the case fails to resolve, it is taken to an adjudication hearing, the juvenile version of a trial. In this hearing, witnesses can be brought in, evidence can be produced, and the judge decides on the truth of the allegations in the WIC 602 petition. There is no jury in juvenile court as in adult court. A judge determines all facts. If the allegations are confirmed, the last phase is the disposition hearing, similar to sentencing. In this case, the judge takes into account several factors, including:

  • The minor’s background
  • The seriousness of the crime
  • The suggestions of the probation department are to come up with the most suitable course of action, which may be informal probation and counseling or placement in a juvenile detention facility

This orderly sequence of hearings is intended to afford due process in a manner that meets the particular requirements of juvenile offenders in a rehabilitative context.

The punishment for drug possession by minors depends on the type of drug, the amount of drug, and the history of the minor, as well as county court practices. Although the system focuses on rehabilitation, the consequences may dramatically affect a minor's present and future. In some extreme, grave cases, a minor may even be put on trial as an adult.

Dismissed or Informal Case (WIC 654)

Dismissed or Informal Case is the possible consequence. The probation department can handle the cases informally under Welfare and Institutions Code (WIC) 654, which is usually the case with first offenders or minor cases. This usually consists of counseling, educational classes, or community service. Successful completion implies that the case was not formally filed or dismissed, which will allow avoiding a formal juvenile record and its harmful effects on further education and employment.

Deferred Entry of Judgment (DEJ) (WIC 790)

A Deferred Entry of Judgment (DEJ) under WIC 790 is a good alternative for minors who have confessed their guilt and are appropriate candidates for rehabilitation. The youngster pleads guilty, and judgment is reserved. They are put on supervision, which lasts one to three years, with conditions such as:

  • Drug testing
  • School attendance
  • Curfew
  • Drug education

When completed successfully, the charges are dropped, and records are sealed, giving a fresh start in college or employment.

Formal Probation

By the case being continued past informal processing or DEJ, the minor can be put on probation formally and be labeled a "ward of the court." These include more restrictive terms, such as:

  • Mandatory drug testing
  • Frequent meetings with a probation officer
  • Strict curfews
  • Frequent school attendance, and
  • Thorough substance abuse treatment

The fines may be in hundreds or even thousands of dollars. Failure to comply with probation may result in more supervision or a stay in juvenile hall. Even as a formal record is made, the aim remains rehabilitation in the community.

Juvenile Confinement

In extreme cases, particularly when the minor is a repeat offender or the crime is more serious than mere possession, a minor may be sent to a juvenile camp or, more seldom in the case of simple possession, the Division of Juvenile Justice (DJJ). Juvenile camps provide organized and rehabilitative conditions, education, and therapy programs. The most restrictive level, which is only used in the cases of the most serious or violent crimes or when other rehabilitative programs have been unsuccessful, is DJJ. The system focuses on rehabilitation, where commitment is a last option.

Tried as an Adult

Although very rare in the case of mere drug possession, especially with first-time offenders, a minor can be tried as an adult in very special circumstances. This typically focuses on older minors (14 to 17years) who were charged with a serious felony, and in particular a violent one, or who have a substantial delinquent record. A fitness hearing is done to decide whether the minor is unfit for the juvenile system.

When taken to adult court, the repercussions are much worse:

  1. Jail or Prison Time

Misdemeanor drug possession can earn a person up to one year in county jail. Drug felonies (for example, possession with intent to sell, trafficking) may result in multi-year state prison sentences, which may be much longer in case of aggravating circumstances. Adult facilities are punitive, unlike the rehabilitative juvenile hall.

  1. Actual Fines

Misdemeanor fines are up to $1,000. On the other hand, felony fines could be tens of thousands of dollars, and include court fees and restitution.

  1. Permanent Criminal Record

When an adult is convicted, the conviction is placed on a permanent criminal record that cannot be sealed, as juvenile records can. This seriously affects future job opportunities, housing, financial assistance, professional licensing, and immigration status.

  1. Rights Violation

A conviction for a felony may result in the loss of civil liberties, including the right to vote or own firearms.

Note: The change of the rehabilitative juvenile system to the punitive adult system has much more serious and far-reaching consequences, which is why the process of legal representation is so critical at every phase of a juvenile drug possession case.

Possession With Intent to Use vs.Possession With Intent to Sell (HS 11351)

This difference between possession of drugs to use them and possession to sell them is very important in juvenile cases, as it changes the possible outcomes drastically.

A possession charge with intent to sell is a severe felony punishable by much greater penalties than mere possession. This felony classification automatically eliminates the possibility of rehabilitation programs like Deferred Entry of Judgment (DEJ), which would otherwise provide a means of attaining a clean record. The juvenile justice system, being rehabilitation-oriented, considers drug sales a serious threat to the safety of the population, and therefore, it requires a more punitive measure.

The police and prosecutors use several factors to prove intent to sell despite no actual sale. The amount of the drug is one of the first signs. Quantities beyond what an individual would use personally indicate that the person would sell the substance.

The most important actionable hope parents can have is the possibility to seal the juvenile record under Welfare and Institutions Code (WIC) 781 and 786. Sealing a record is akin to having the crime never happen. A minor can legally refuse the arrest or conviction once the seal is closed. It typically entails a request to the court following a specific duration, usually when the minor has completed the probation period or their case has been dropped, and they have not committed any crime. This is a straightforward way to a clean slate that will enable the child to acquire higher education, secure good jobs, and establish a successful life free of past juvenile mistakes.

The importance of an Experienced Juvenile Defense Attorney

It is not enough to know that you require a lawyer when going through the maze of juvenile drug possession charges. A qualified juvenile defense attorney is essential for specific reasons.

Early Intervention and Informal Resolution

A specialist attorney can be involved at an early stage in the process, sometimes before the filing of a formal petition. A skilled lawyer can call the probation intake officer right away and make a persuasive argument to have the case handled informally using Welfare and Institutions Code 654. The case may never see a courtroom at all and never lead to a formal record being made. It is usually the most favorable opportunity to achieve the most favorable outcome through this early intervention.

Negotiating Diversion Programs and Protecting Rights

In addition to early intervention, a specialized lawyer will go to any length negotiating diversion programs like Deferred Entry of Judgment (DEJ). They know what it takes to be eligible and can make the case of the minor sound as good as possible and ensure that the case ends up being dismissed after the minor finishes the program successfully. An attorney is also crucial in safeguarding your child's rights during the process.

Negotiations also involve examining whether the searches that led to the discovery of drugs were legal and whether confessions or statements given by the minor were not forced or taken in contravention of his or her constitutional rights.

A Resource for the Entire Family

A skilled juvenile defense lawyer is a precious resource to the whole family. The juvenile justice system is extremely stressful and confusing to both the child and their parents. This stress can be mitigated by a knowledgeable lawyer who can explain all the procedures involved so that a child can understand, prepare the child to attend court, and help parents know how to support their child through what can be an intimidating process. Their professional experience makes the family informed and ready, and the possibility of the best possible outcome for the minor's future increases.

Find a Juvenile Drug Possession Defense Attorney Near Me

A California juvenile drug possession case can be an intimidating burden on the future of your child. However, in the system based on rehabilitation, there is a chance of a second chance. There is a way to safeguard your child's education, job, and life opportunities with informal handling and deferred judgments that can expunge the incident to the possibility of sealing records.

The stakes are high, though, especially when the felony is like a possession for sale or the rarer possibility of being tried as an adult. These complexities need specialized legal expertise to navigate. If you have a child under juvenile drug charges, contact the Los Angeles Criminal Attorney for experienced juvenile defense representation today. Contact us at 424-333-0943.