Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Your child was recently arrested for juvenile drug possession. You now find yourself in the middle of the California juvenile justice system. What can happen?
If your child was stopped or arrested for possession of drugs, the specific outcome of the matter will depend on the facts of the case.
With that said, however, a minor in California stopped for the possession of a controlled substance will likely face:
Note that the California juvenile court system is different from the criminal court process for adults. But keep in mind that minors are protected by many of the same rights as adult offenders, including the right to a criminal defense attorney.
Yes. If the police stop or arrest your minor child for drug possession, they can let the child go with a warning.
But note that the authorities can decide to take the child into custody. Here, the police will take your child to juvenile hall where your child will be interviewed by an intake officer.
With serious drug offenses, the child may have to stay at juvenile hall until a juvenile court judge can review the case.
A minor child may receive informal probation after being charged with simple possession charges.
Per California law, informal probation works like a diversion program where an offender must adhere to certain terms and conditions while under the supervision of a probation officer.1
Examples of informal probation conditions include:
With informal probation, a petition (or formal case) is not filed with the court.
A child that successfully completes all of his/her probation terms will see the possession case closed. But a probation officer can file a petition if the minor does not complete all of his/her conditions.2
WIC 725 probation refers to probation imposed under Welfare and Institutions Code 725.
In these cases, a probation officer or District Attorney’s Office files a petition in juvenile court.
A judge will then likely place the minor on either supervised or unsupervised juvenile probation for a period not to exceed six months.3
As with informal probation, a minor will have to complete certain terms and conditions with a WIC 725 probation. Examples may include:
If a minor successfully completes these terms, the juvenile court judge typically has to:
But if a minor does not comply with his/her probations terms, a judge can declare the child a ward of the court. In some cases, wardship may mean that the child has to spend time in juvenile hall.
Probation might not be available for some serious juvenile drug offenses (for example, severe drug possession cases or cases of drug trafficking).
In these cases, a minor might get sent to:
Note that the California Youth Authority is now called the Division of Juvenile Justice.
Young people can get arrested for drug possession if they have an illegal drug on their person (like in a pocket or a backpack).6
In addition, they can get arrested for possession if they have “constructive possession” over a controlled substance. Constructive possession means that while a child might not have a drug on his/her person, the minor has control over it.7
An example of constructive possession is where a minor has drugs hidden in his bedroom closet.
Note that while California law has legalized possession of marijuana and cannabis for people 21 and over, it is still a crime for you to possess illegal drugs like:
Note that you can also face criminal charges if you possess a prescription drug (like Vicodin) without a valid prescription.
Yes. Minors and parents of accused minors should seek legal advice from a criminal defense lawyer or juvenile attorney with drug crimes.
A defense attorney or law firm can help by:
Our experience shows that minors can navigate the juvenile justice system more confidently and effectively when they are represented by a skilled defense attorney.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.