What is the punishment for a minor distributing a controlled substance on school grounds? 41 Answers as of July 02, 2013

What is the criminal punishment for a 17 year old distributing a controlled substance on school grounds and also having possession of a pipe?

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Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
The minor would be sent to juvenile court for drug trafficking. The potential punishment would depend on the amount of the drugs being distrubuted as well as the juvenile's record. He/she could face anything from probation to being sent to a juvenile detention facility, but it will depend on the court and the juvenile's record.
Answer Applies to: Ohio
Replied: 1/3/2012
Law Office of William L Spern | William Spern
At age 17, he is not a minor. Without any prior acts, probably probation and HYTA sentencing.
Answer Applies to: Michigan
Replied: 12/12/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Possession with intent to sell is a felony in California. He is looking at more than 365 days in State Prison if he is charged as an adult.
Answer Applies to: California
Replied: 12/12/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends on the exact charges and the quantity of drugs and other facts and circumstances.
Answer Applies to: New York
Replied: 7/2/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Start with automatic and permanent expulsion from the school district. Factors to consider: was if high school, junior high, or elementary school? What types and quantity of drugs were being possessed and distributed? The answers to these questions will determine the level of charge. While you are 17, and that technically is a "minor", the prosecutor could still elect to charge you as an adult. Potential charges: possession of a controlled substance (if you had pills, you could conceivably receive a separate charge/count for each pill), possession with intent to distribute, possession of drug paraphernalia. For the distribution charge, you could receive one count for each person to whom you delivered the drug. You are probably look at felony charges, which could carry with it some substantial jail time, as well as loss of your constitutional rights. The fact that you were dealing/distributing on school grounds may also result in an enhancement of the penalties (ie., jail time and possibly prison time), for reason that schools are considered to be specially protected areas. A conviction of these types of charges will more than likely disqualify you from attending most colleges (if that is your intent), and certainly disqualify you from federal grants, scholarships and student loans. My advice to you is to retain a good criminal defense attorney in your area.
Answer Applies to: Washington
Replied: 12/6/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The person, at 17, is an adult - not a minor. This person needs a lawyer because there is a potential for prison.
    Answer Applies to: Texas
    Replied: 12/5/2011
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    That first depends on the kind of controlled substance and amount. Every crime bumps up one level if on school grounds.
    Answer Applies to: Texas
    Replied: 12/5/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    In Georgia, a 17 year old is considered an adult for criminal law purposes. The possession of the pipe is a misdemeanor (12 months, $1,000 fine maximum). The punishmentfor the distributing count depends on the type of drug and the amount.
    Answer Applies to: Georgia
    Replied: 12/5/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The juvenile court may retain jurisdiction or decline, in which case the minor would face charges in adult court. Punishments in adult court in Washington are in the form of standard ranges for jail or prison and are determined by the seriousness level of the crime and the defendant's offender score, based on criminal history. So your question cannot be answered without this information.
    Answer Applies to: Washington
    Replied: 12/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The pipe is a minor matter. The distribution can result in a sentence to a state facility. Hire a juvenile defense attorney.
    Answer Applies to: California
    Replied: 12/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, this is NOT a minor, but an adult. Depending on the type of drug distributed and the amount possessed/transferred by him to another person, he could be sentenced to probation of if the amont is over a specified amount, to priosn, in some cases, this could be a mandatory 6 year prison term. Consult with counsel immediately, your boy has a big problem.
    Answer Applies to: Illinois
    Replied: 12/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If it is charged as a misdemeanor then if convicted probation and a fine.
    Answer Applies to: California
    Replied: 12/3/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    Worst case for a minor is that they keep him or her in juvenile detention until he/she is 21 years old, unless they decide to prosecute him/her as an adult, in which case the maximum punishment is a prison sentence.
    Answer Applies to: Utah
    Replied: 12/3/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The distribution of a controlled substances on school grounds is a class B felony. On account of it being on school grounds the punishment, if this juvenile was treated as an adult, could be facing not less than 5 years but no more than 20 years in prison. If granted youthful offender status they could be facing up to three years in custody of Youth Services (prison).
    Answer Applies to: Alabama
    Replied: 12/2/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    What drug and what quantity was in possession when caught? Marijuana under 2 oz, over 2 under 4, greater than 4 oz and under 5 pounds are Class B, Class A, and State Jail Felonies respectively. However, delivery bumps it up and in a drug free zone bumps it up. So even a little pot with intent to deliver in a drug free zone is serious. Now if the drug is something stronger than pot . . . . The last thing you need to worry about is the punishment, you need to be hiring a lawyer and working on a defensive strategy and doing it now. Finally, you may be a minor for all other purposes, but you are not a juvenile - accordingly, your age has nothing to do with it. At age 17, you are in the adult legal system. This is not Juvenile Detention time, this is prison you are looking at, so get a lawyer now.
    Answer Applies to: Texas
    Replied: 12/2/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    At 17, a person is considered an adult in the eyes of the criminal law. His punishment would be what an adult could receive.
    Answer Applies to: Michigan
    Replied: 12/2/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Given that he is still 17, he would remain in juvenile court under supervision until 18, or under extended juvenile jurisdiction until he is 21. He may face anything from probation to community service, to treatment or possible time in a juvenile detention facility.
    Answer Applies to: Minnesota
    Replied: 12/2/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Big time. Felony. Depends on the drug. But on school grounds aggravates it. You are going to need to hire the best attorney you can afford to avoid prison.
    Answer Applies to: Texas
    Replied: 12/2/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is a very serious offense and could result in a prison term. If you have no priors and are 17 you are eligible for Youthful Offender treatment and will get probation and not have a criminal record. It will only count against you if you enter the military, try to work for the government, apply for a medical or legal license, or get arrested again.
    Answer Applies to: New York
    Replied: 12/2/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Well it can range depending upon the facts and circumstances. Custody time is not out of the question for a crime such as this. If you or a loved one is being charged with this offense they need to contact an attorney.
    Answer Applies to: California
    Replied: 12/2/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    17 years old is an adult is MA. Penalties depends on the charges.
    Answer Applies to: Massachusetts
    Replied: 3/29/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    First, under the eyes of the law, a 17-year-old will be charged as an adult and not a juvenile for criminal actions. Second, if he was distributing something like cocaine or heroin for example, he could be facing felony charges. This is a very serious matter and he needs to have experienced criminal representation.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The punishment depends on the charge on which a person is arrested. There are differing degrees of drugs charges and I would need to know the statute to determine the punishment.
    Answer Applies to: Connecticut
    Replied: 12/1/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    In Massachusetts a seventeen year old is not considered a minor. The seventeen year old is treated as an adult and the case will be in adult court. Distribution in a school zone is a mandatory jail sentence.of 2 years.(no parole or early release) It is a felony offense. Possession of drug paraphernalia is a misdemeanor offense punishable up to 2 years in jail. The sentence is not mandatory. If you do not have an attorney, it is advised that you get one soon.
    Answer Applies to: Massachusetts
    Replied: 12/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
    Answer Applies to: New York
    Replied: 12/1/2011
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    In the State of Michigan, unfortunately, a 17 year old criminal defendant is treated as an adult, subject to the same penalties for whatever the crime may be. The penalties for delivery of a controlled substance vary depending on what controlled substance is. The least serious controlled substance is marijuana, which carries a 4 year maximum; most pills, such as vicodin, Xanax, etc., carry a 7 year maximum; cocaine and heroin and ecstasy are 20 year felonies. Fortunately, a defendant in Michigan who is under the age of 21 at the time he commits the offense, and who pleads guilty, is eligible for consideration under the Holmes Youthful Trainee Act. HYTA allows for the defendant to complete a term of probation (usually with no jail sentence) and have the matter dismissed at the end of the probationary period. HYTA is not available for deliveries of major controlled substances (cocaine, heroin, ecstasy) but does apply to the others listed above. It is imperative that you have a qualified criminal defense attorney handle your matter to ensure that your rights are protected.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    An answer depends on what the substance distributed was. Most kids face probation if they don't have a history and being kicked out of school.
    Answer Applies to: Nebraska
    Replied: 12/1/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends of many different issues. The first is whether the defendant is charged as an adult. It depends on the defendant's criminal history. There would be an enhanced sentence due to the location of the crime being a school. It also would depend on the substance. One thing is certain and that is this. If the defendant is charged as an adult and found guilty, he or she will be spending several years in prison. I strongly suggest that, if the defendant was selling drugs to be able to buy them, he or she should get a state-certified drug evaluation and get him or herself into treatment. Other than that, this would be a really good time to hire an experienced defense attorney.
    Answer Applies to: Washington
    Replied: 12/2/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Since this involves a juvenile probation is likely if there is not much of a juvenile record. Perhaps expulsion by the school might happen as well.
    Answer Applies to: Nevada
    Replied: 12/1/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The severity of a distribution (sale) of controlled substance case is dependent upon the identity of the controlled substance and the amount distributed. (The amount distributed can be aggregated over a ninety (90) day period). Distribution on school grounds is generally treated more seriously. For example, what would otherwise be a fifth degree offense, punishable by a maximum five year conviction, becomes a fourth degree offense if it occurs on school grounds. A fourth degree controlled substance offense carries a maximum fifteen year sentence. Assuming that the individual's case remains in juvenile court, the statutory charging scheme outlined above is the same but the sentencing scheme is different. In juvenile court there are a number of possible dispositions, the most serious of which is placement of the child in a juvenile correctional facility. Juvenile jurisdiction lasts until the child's 19th birthday. Minnesota also has an Extended Juvenile Jurisdiction (EJJ) hybrid between adult and juvenile court systems. If the child is charged and convicted in this system, he/she can be maintained on probation for a longer time period and can face more serious consequences. No one can tell you what is going to happen to the juvenile. I have attempted to lay out the boundaries of what can happen.
    Answer Applies to: Minnesota
    Replied: 12/1/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The answer depends on the controlled substance. Simple possession of a controlled substance is covered in Health and Safety Code (H&S) Section 11350 (a) and it is punishable by 16, 24 or 36 months or probation. The sale of a controlled substance is covered under H&S 11352 (a) it is punishable by 36, 48, 60 months in prison. (There are different punishments for selling marijuana and non-narcotic controlled substances. In this case we are dealing with a minor, he would not go to prison. He would be housed in juvenile hall until suitable placement is approved by the court or until he has spend the maximum term of confinement (as defined by the particular statute that he is convicted of) or until he is 21 years old. It is very unlikely that he would be housed until he was 21. The oldest person that i have seen in juvenile hall was 19 years old. He had picked up a case as a juvenile and he kept getting in trouble.
    Answer Applies to: California
    Replied: 12/1/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    The minor can be treated as an adult. Hopefully he will be addressed in Juvenile Court and will not face prison. If he is treated as any adult he would probably get youthful offender treatment and avoid prison with probation. You need to sit down and talk to a lawyer right away.
    Answer Applies to: Florida
    Replied: 12/1/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Depends on the substance - MJ distributed without payment of any kind might just be possession, anything else and it is distribution regardless of payment school grounds is an aggravator the pipe possession is very minor if this stays in juvy court, the sentence can be very light, like probation if this goes to adult court, it can be very serious including prison.
    Answer Applies to: Colorado
    Replied: 12/1/2011
    Meyer & Kiss, LLC | Daniel Kiss
    It depends on the amount of the substance that was recovered, and the age of the minor. If the minor is charged as an adult, any charge distributing a controlled substance (DCS) charge is going to be at least a Class 2 Felony, and possibly a Class 1 Felony, or a Class X felony. That the matter occurred on school property would enhance the crime by one class (a Class 2 case on school grounds becomes a Class 1 case, a Class 1 case on school grounds becomes a Class X case.) Probation is a possible sentence in non-violent drug cases. When probation is not offered, the sentencing range for prison time is as follows: 3-7 years on a Class 2 case; 4-15 years on a Class 3 case; and 6-30 years on a Class X case.
    Answer Applies to: Illinois
    Replied: 12/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Under Michigan law the 17 year old is an adult for purposes of being charged with a crime and how much depends on the quantity and the type of drug.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Depends on the age difference of the buyer and the seller, as well as the Drugs involved.
    Answer Applies to: Wyoming
    Replied: 12/1/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    A 17 year-old is treated as an adult under the New York Penal Law. If it is a first offender the punishment range normally would be 1 - 9 years jail. Because the crime took place allegedly on school grounds, the range is 2 - 9 years jail. However, there are many things that an experienced criminal lawyer like myself can do to find a way that no jail time is served.
    Answer Applies to: New York
    Replied: 12/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The punishment will vary depending upon the person's prior history and the exact charge he is adjudicated of.
    Answer Applies to: Kansas
    Replied: 12/1/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It depends on a whole lot of considerations (what was he distributing? was he giving it away or selling it? how much did he have? what is his criminal record like? etc.) It's really hard to answer that questions without knowing the details. Talk to an attorney ASAP.
    Answer Applies to: California
    Replied: 12/1/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Assuming the substance was marijuana, the maximum sentence would be five years in prison, if he were in adult court. As a first offender in juvenile court he would receive probation in all likelihood.
    Answer Applies to: New Jersey
    Replied: 12/1/2011
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