What charges are in place for a minor distributing ecstasy? 27 Answers as of June 02, 2011

My 16 year old son purchased an ecstasy pill for him and a friend. His friend, a 14 year old girl, had a severe reaction to it, which resulted in my son calling her parents and having them take her to the hospital. She is fine now. He had only purchased two ecstasy pills, and they each took one. What possible consequences is he looking at?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Most likely he is facing probation, unless he has a juvenile record that is not mentioned in your facts. Get your son a lawyer. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It is up to the prosecutor to determine what charges, if any to file. Most likely charge would be possession but could bring charges of endangering the welfare of a minor or other charges. If charges are going to be filed then at arraignment you can get a copy of the charges and then you should hire an attorney.
Answer Applies to: New York
Replied: 6/2/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
He could be charged with delivery of a controlled substance if he admitted giving her the ecstasy. This would be a very serious charge. You should consult an attorney.
Answer Applies to: Washington
Replied: 6/1/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
He could face possession and unlawful distribution (for procuring it for someone else' use). These charges would usually be brought in juvenile court. You should consult with an attorney if charges are brought against him.
Answer Applies to: Kansas
Replied: 6/1/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
These are serious charges your son needs to be represented by defense counsel forthwith, and we can represent him.
Answer Applies to: New York
Replied: 6/1/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, the charges could include possession with intent to deliver, or, delivery of a controlled substance. There may be additional charges. The apparent difficulty in the case is the injury to the girl. Also, the stigma of ecstasy as the "date rape drug." This case should be handled carefully with the hope that the charges against your son are in the juvenile court. At age 16, he could either be charged as an adult or as a juvenile. The consequences to his record can be less severe as a juvenile. The first and most important advice in this situation is to retain an attorney. Statements should not be made, as they could be viewed as admissions which could compromise the defense in this case. I hope that this was helpful. Should you need representation in the Detroit metro area, you may consider immediately contacting my office.
    Answer Applies to: Michigan
    Replied: 6/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    At a minimum, he would face a very serious felony for fifth degree possession. He may face far more serious charges if the friend was seriously injured. Moreover, at the age of 16, even a juvenile record may become part of a public record. As a result, it is extremely important to hire aggressive and experienced defense counsel.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Misdemeanor or felony charges. Thats up to the police and prosecutor. Youll learn the actual charge[s] filed against you when he appears for arraignment at your first court hearing. My advice to him: When charged with a felony, you potentially face one or more years if convicted; on a misdemeanor, you potentially face up to 6-12 months. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. He could also be sued by the other parents for their damages and costs, and you would likely be named in the suit as well as the responsible adults. Call me for defense if that happens.
    Answer Applies to: California
    Replied: 5/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you contact a criminal lawyer ASAP because he could face distribution of drugs charges, among other possibilities. Your attorney can go over all his rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    First, he needs to hire a lawyer like myself that specializes in this area of the law. He is looking at a criminal offense of possession with intent to deliver, a 4-year felony.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Office of Marc K. Herbert
    Law Office of Marc K. Herbert | Marc K. Herbert
    He can be charged with possession of a controlled substance (for his pill) and furnishing a controlled substance for his friend. Both are felonies, but he may be able to negotiate a dismissal of charges in the future if his prior record is good and he performs well on probation for one year. He will probably have to perform some community service and pay restitution for her medical bills. If his prior record is bad or his performance at school (grades, attendance and behavior), he may be placed in juvenile hall for up to 90 days or in probation camp for up to 9 months. If you wold like to talk more about this case, please call my office.
    Answer Applies to: California
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    He is likely to be charged with possession of a controlled substance; distribution of a controlled substance; and recklessly endangering. Act quickly, he needs a lawyer. Has he already given a statement to the police?
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If he confessed to the possession and distribution of the substance to the girl, he could be petitioned into juvenile court and held as a ward of the state. Of course, several questions arise as to the voluntariness of the confession, if one was made. I would guess that if petitioned into court, he could be facing probation with a drug program, and doubt, as a first time offender, he would be serving any kind of time in a juvenile home. In any case, he will be represented by an attorney if the case proceeds to court. I somewhat doubt that the authorities will take any action, but be prepared in the event they do.
    Answer Applies to: Illinois
    Replied: 5/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    As a juvenile, he is not charged with a crime as he would be if he was an adult. The prosecutor can file a petition in juvenile court alleging that your son violated the law. The petition would look very much like he is being charged with a crime. What "charge" is brought would be solely in the discretion of the prosecuting attorney. Once a petition is filed, the Court would determine if there is enough evidence to go forward. If there is a plea or a finding or responsibility, the Court would then determine what type of "sentence" would best serve the needs of your son. During this process, your son is entitled to be represented by an attorney. Since this is a matter in juvenile court, the possible consequences vary to such a degree that without knowing more an accurate prediction cannot be made.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    In Georgia his case would go to the Juvenile Court in the county where the offense occurred. The most likely charge would be distribution of a controlled substance. He could face incarceration in a Youth Detention Center, probation and counseling. Fortunately he had the smarts to call the parents when things went wrong. Ecstasy is an especially dangerous drug because you never know what was is actually in that particular pill. I would strongly suggest that you get some drug counseling for your son. It can help him make better choices about drugs, and proof of the counseling can be used as mitigating evidence in court. I also suggest that you consult with an attorney who handles juvenile cases in your area. Good luck to you and your son.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan he can be charged as a juvenile for the Possession with intent to deliver and also delivery of a controlled substance. He would be subject to juvenile sentencing, which is different than adult sentencing since it is tailored to try to get the youth back on the straight and narrow. This can range from a form of probation to having to stay in a youth facility. There could also be separate charges if the girl was seriously hurt or even died. Some of them could possibly get him charged as an adult.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Your son will treated as a juvenile until 17 so in all likelihood he would be put on probation with a juvenile probation officer. In certain circumstances the state can move to find a juvenile an adult and treat accordingly. I strongly recommend that your son get representation in either a juvenile or adult criminal matter.
    Answer Applies to: New Hampshire
    Replied: 5/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that your son gave his 14 year old girlfriend ecstasy and she was taken to the hospital. That is Criminal Sale of a Controlled Substance and Contributing to the Delinquency of a Minor.Giving drugs to another person is considered a sale, no money needs to be exchanged. If she died it would be Manslaughter in the First or Second Degree and he could have been charged as an adult and gone to juvenile detention or prison. He will probably be brought to Family Court and be given probation. He is eligible for youthful Offender Treatment and will not have a criminal record. You must make him understand that street drugs are not only illegal, they can be fatal. Who knows who made them, under what conditions, and what they contain. It could be anything and in any dose. Young people think that it is safe to take whatever they buy from street dealers because they think it's cool and they want to try something new. Thousands of children as well as adults die from overdoses or bad reactions to such drugs every year. Others become addicts and sell drugs to support their habit. Soft drugs can lead to crack, heroin, and meth use which will destroy their lives. You must get him into counseling immediately in order to determine what he has used and why he was using it. His actions could easily have resulted in serious consequences, especially if she mixed alcohol with the ecstasy. I have counseled kids about drug use for 27 years and I specialize in drug cases.Feel free to call for a consultation.
    Answer Applies to: New York
    Replied: 5/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Drug possession is one thing, but distributing them is another matter that the law treats more serious. Even though he is a juvenile he could be charged as an adult if the prosecution petitions to do so. You need to make sure your son has experienced representation from a criminal defense attorney. Most will offer a free initial consultation.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whenever a minor has been arrested it is deep concern for not only the minor but also the parents. An experienced criminal defense attorney can help the minor maintain his good name and his future open. Since proceedings involving minors can, depending on how they are initiated, be either reformative and rehabilitational in nature or punitive in nature like the adult system, it is best to hire a private attorney quickly.
    Answer Applies to: Hawaii
    Replied: 5/31/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    You need to hire a lawyer immediately!
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    He's looking at felony charges for sales or distribution of a controlled substance. Health and Safety Code section 11378 covers the distribution of ecstasy. He needs an attorney to represent him in juvenile court - there are several issues with what you wrote that may impact how the DA proceeds and what outcomes your son may be looking at. If you can afford to do so, you can hire a private criminal defense attorney that routinely practices in the County where your son's case is - or he's entitled automatically to a public defender when he goes to court. In the mean time, he should say absolutely NOTHING about this to anyone except his attorney and only in confidence. NO facebook posts, NO texts, NO emails..... nothing. Anything he says can only hurt him from here.
    Answer Applies to: California
    Replied: 5/31/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Possession and sale of a controlled substance- as an adult, since he's sixteen and she's a minor, they will likely add endangering a minor as well. Consult immediately with an experienced criminal lawyer and fight it sooner than later. Good luck.
    Answer Applies to: New York
    Replied: 5/31/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    He could be charged with possession of a controlled dangerous substance with intent to distribute. In New Jersey, that is a third degree crime, though juveniles are not handled in criminal court. They are handled in family court. Penalties for a conviction range from time in juvenile detention (unlikely on a first offense) to probation with community service, counseling and license suspension.
    Answer Applies to: New Jersey
    Replied: 5/31/2011
    The English Law Firm
    The English Law Firm | Robert English
    The potential charges are the same as for an adult and could include possession of a controlled substance, distribution, transportation, and other possible offenses.
    Answer Applies to: California
    Replied: 5/31/2011
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