The Sunshine State has very harsh penalties for possession and other drug-related charges. The consequences can be severe and long-lasting when a minor is facing drug possession charges in Florida.
A criminal conviction can negatively impact a minor’s future, including employment and education. However, with strong legal representation and an understanding of the juvenile justice system, it’s possible to mitigate these penalties and protect your child’s future.
Understanding Juvenile Drug Possession Cases in Florida
Florida considers a person under the age of 17 to be a minor. The state’s approach to juvenile drug cases aims to balance punishment with rehabilitation, recognizing that young offenders often have the potential for reform. The severity of these penalties can vary based on several different factors:
- The type and amount of a drug: The drug’s federal classification and quantity are used to determine charges and sentences.
- Prior offenses a minor’s criminal history can impact how the case is handled and the severity of penalties.
- Location of the offense: Possession near schools or other protected areas can lead to enhanced charges.
- Intent: Whether the minor is accused of simple possession or possession with intent to distribute can dramatically impact the case.
Juvenile vs. Adult Court
One of the most critical aspects of juvenile drug possession defense is ensuring the case remains in juvenile court whenever possible. Juvenile courts in Florida focus more on rehabilitation than punishment, offering several advantages:
- Cases adjudicated in juvenile court are not considered felony convictions.
- Juvenile courts have more flexibility in sentencing and can prioritize treatment over incarceration.
- Records from the juvenile court are frequently easier to seal or expunge later.
In some cases, minors may be tried as adults, especially if they are facing serious felony charges or are repeat offenders. Moving these cases to criminal court results in much harsher penalties, including extended jail time and substantial fines.
Strategies for Juvenile Drug Possession Defense
Florida law includes strategies that can help with avoiding harsh penalties for minors facing drug possession charges:
- Diversion: Many first-time offenders may be eligible for diversion programs, which can lead to charges being dropped upon successful completion.
- Treatment options: Courts often look favorably upon minors who voluntarily enter drug treatment programs that show a commitment to rehabilitation.
- Challenge the evidence: An experienced attorney can scrutinize the evidence and identify potential issues with search and seizure procedures or chain of custody.
- Negotiate plea deals: In some cases, pleading to a lesser charge may result in more lenient sentencing or the opportunity for alternative sentencing options.
- Emphasize rehabilitation: Presenting a comprehensive plan for the minor’s rehabilitation, including counseling, education, and community service, can also influence the court’s decision.
Your criminal defense attorney can discuss these options with you and your child to determine the best route for your case.
Alternative Sentencing Options
Florida’s juvenile justice system offers several alternative sentencing options that focus on rehabilitation rather than punishment:
- Drug Court: Specialized programs that combine intensive supervision with treatment and support services.
- Community Service: Judges may order community service as part of a rehabilitative sentence.
- Probation: Supervised release with conditions such as drug testing, counseling, and educational requirements.
- Educational Programs: Drug awareness classes or speaking engagements about the dangers of drug use.
These options offer minors the opportunity for adjudication and punishment, but avoid the harsher penalties that can come with a drug possession arrest and conviction.
Even with a favorable outcome, a juvenile drug charge can have long-lasting effects. Florida law also offers opportunities for record expungement in many cases. This process can help protect a minor’s future educational and employment prospects. Your juvenile criminal defense attorney can discuss these options with you and help you decide which one is best for your case.
WEST PALM BEACH JUVENILE CRIMINAL DEFENSE ATTORNEYS
If your child is facing juvenile crime charges, seek professional legal help immediately. A skilled juvenile defense attorney can provide the guidance and support you need to protect your child’s rights and future opportunities.
If your child has been arrested and you need help, contact the criminal appellate team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.