Juvenile Drug Possession Charges in New Jersey | Lustberg Law Offices, LLC


Juvenile Drug Possession Charges in New Jersey

Teenagers are sometimes known for indulging in risky behavior. Often, this is because teenagers are under the impression that bad things can never happen to them. In unfortunate situations, such as texting while driving or driving under the influence (DUI), the results can be catastrophic, forever changing the landscape of a teenager’s life and permanently affecting their family. The same is true when a minor is convicted of a juvenile drug possession charge. The knowing and illegal possession of any drug can ruin their chances of entering the military, participating in school activities, and even going to college – not to mention any fatal consequences drug use can result in. Before you make any decisions, speak with an experienced Bergen County criminal defense attorney.

How a Hackensack Juvenile Drug Possession Charge Can Happen

A minor can be charged with drug possession in New Jersey in a few ways. First and foremost, the minor must knowingly possess the illegal drug. For example, if a drug such as marijuana, cocaine, or heroin is found in the glove compartment or trunk of a vehicle or in the child’s backpack, police may have enough probable cause to determine that the juvenile knew the substance was there. Additionally, a minor can be charged with drug possession when stashing drugs in areas they control, such as a school locker, motor vehicle, or bedroom. Ultimately, any juvenile drug charge comes from the direct knowing, control, and possession of the illegal narcotic.

NJ Juvenile Drug Possession Charges Differ from Adult Drug Possession Charges

While adults charged with illegal possession of a drug in New Jersey have to face those charges in a court of law, juvenile drug possession is often handled in the NJ juvenile court system. These types of charges can result in additional options for the juvenile defendant, such as:

Providing drug counseling in hopes of rehabilitation.

Placing the juvenile on probation.

Placing the juvenile on informal probation, or diversion, which allows the minor to comply with the court’s rules without having to go to juvenile court. This can lead to the charges being dismissed for first-time offenders upon successful completion of the program.

If the juvenile is a repeat offender, detention in either a juvenile detention center or home confinement may be a result of juvenile drug possession.

Juvenile Drug Arrest in New Jersey

If law enforcement believes a minor is guilty of a drug offense, they will usually take them into custody. Minors will often be brought in by law enforcement to answer questions before being charged with criminal delinquency.

After the court signs the complaint regarding delinquency, the court can either keep the minor in detention or give them back to their parents. New Jersey State Statute 2A:4A-34 states that a court can only hold juveniles in detention if they pose a threat to the community, or are at high risk of missing court.

After that, the case will be transferred to a hearing at the family court. A judge will then review all facts and make a decision. A judge will decide if the minor is guilty or not. New Jersey law considers delinquency a juvenile offense that, if it is committed by an adult, would be a crime or disorderly offense or violation of any other penal statutes, ordinances, or regulations. A judge will order the sentence.

New Jersey State Statute 2A:4A-39 gives juveniles the right to counsel for any matter that could lead to the institution’s commitment to the juvenile. Your child can have an attorney represent them at any hearing. An attorney can represent your child at all hearings and fight for their innocence.

New Jersey Criminal Defense Lawyer Adam M. Lustberg Can Help Your Son or Daughter Fight a Juvenile Drug Charge in Hackensack, NJ

No matter what your age, facing a drug possession charge in New Jersey is a scary and confusing time. The expert legal team at Lustberg Law understands that, as a parent, the only thing you want out of life is for your child to be safe and taken care of. Hackensack drug possession lawyer Adam M. Lustberg will help your child navigate the murky waters of a New Jersey juvenile drug possession charge and help them get the help they need. Contact the law firm today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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