Juvenile Drug Convictions
Virginia law recognizes that some youth offenses are not necessarily predictors of future behavior. The policy in Virginia law is to try and rehabilitate adolescent offenders as opposed to punishing them. However, drug charges are always taken seriously and even drug charges against minor can have high stakes. In Fairfax County Virginia, a minor is anyone under the age of 17. If a juvenile is above the age of 14, he or she can be tried and convicted as an adult for felony offenses.
Procedurally, the cases play out in the following way. The case will be brought to the Juvenile and Domestic Relations Court to determine if there is probable cause for the offense. The Commonwealth’s Attorney can request that the case be transferred to the Circuit Court to be tried as an adult charge. The next step will be a transfer hearing, and the J&DR judge will be tasked with determining whether it would be best to keep the child in J&DR or allow the case to be tried in Circuit Court. There is also a rule that allows the Commonwealth to automatically transfer a case to the Circuit Court after giving notice. However, this rule only applies in drug cases when the juvenile has been convicted of two prior drug distribution offenses committed while over the age of 14.
Is It Better for the Juvenile to Remain in J&DR?
It is usually much better to try and keep a case in the J&DR courts. J&DR court judges have much better options for the disposition of a juvenile defendant then Circuit Courts. However, the Commonwealth can fight vigorously to get a case transferred. The J&DR judge will consider a variety of facts in deciding whether to transfer a case. These factors include the individual circumstances of the case, the juvenile’s age and criminal record, the availability of alternatives to incarceration and other appropriate factors.
If you can manage to keep the case in J&DR, there are much more lenient options available for disposing of the case. One such option might be drug counseling. This can be a particularly good option in drug cases where the goal is to rehabilitate and not punish the defendant. Diversion can also be an option. Diversion functions much like probation, except at the end of the diversionary period the case is dismissed. Even detention can be a better option than conviction as an adult. Detention can include home confinement, placement in foster care or placement in a juvenile detention center.
Will a Juvenile Conviction Create a Criminal Record?
One big concern in a juvenile case is whether a conviction in effect controls the course of the rest of the juvenile’s life. Most juvenile convictions are automatically destroyed when the juvenile turns 19. That said, offenses that would be felonies if committed by an adult will stay on the juveniles record for life. Felonies records can cause problems later in life, such as when the defendant is looking for employment or applying to colleges. Still, J&DR courts have more flexibility than the adult criminal justice system. There are many options and programs that can help keep a child on track and keep a felony conviction off his record. Speaking with an attorney can help to reveal what some of these options might be and how a court might be convinced to accept them.
