If your child has been charged with juvenile drug distribution, it can lead to serious repercussions for your child’s future. Penalties for juveniles facing drug distribution charges include fines up to $300,000, four years of juvenile detention, and other alternative penalties. Juveniles can be charged with drug distribution for any Illegal drugs and controlled substances including marijuana, hash, cocaine, crack, heroin, oxycontin, methadone, opiates, unauthorized prescription drugs, steroids, and other controlled substances.
Drug Distribution as Applied to Juveniles
For a juvenile to be charged and convicted of any criminal offense, the Juvenile Court must first adjudicate the juvenile “delinquent,” which takes place at the delinquency hearing. Once the child is adjudicated delinquent, the Juvenile Court then holds a dispositional hearing to determine the appropriate sentence for the juvenile. Under the Juvenile Justice Code of New Jersey, N.J.S.A. 2A:4A-43, in order for a court to deem a juvenile delinquent and convict him or her of the offense, the court weighs a variety of factors including characteristics of the juvenile—age, previous record, prior social service received, psychological and social needs of the individual, and characteristics of the offense—the nature and circumstances of the offense, the impact of the offense on the community and the degree of threat to the safety of the public.
While detention is a possibility, the court can implement a variety of alternatives to incarceration including but not limited to: releasing the juvenile to the custody of his or her parents, order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court, order the juvenile to participate in work programs, order that the juvenile participate in academic or vocational education, or place the juvenile in an outpatient rehabilitation program for substance abuse. Moreover, under N.J.S.A. 2A: 4A-44(b)(1), there is a presumption of nonincarceration penalty for any juvenile who committed an offense of the fourth degree or less who has not previously been adjudicated delinquent or convicted of a crime or offense.
NJ Juvenile Drug Distribution Charges
A juvenile can be charged with drug distribution under the provisions of N.J.S.A. 2C:35-5, if the juvenile knowingly or purposely possessed a controlled substance, or “had under his or her control, with intent to distribute or dispense it”:
Schedule I & Schedule II: N.J.S.A. 2C: 35-5(b)(4), (b)(5): If the juvenile has a quantity of one ounce or more, including any adulterants or dilutants of any Schedule I or Schedule II substance, he or she is guilty of a crime in the second degree, and faces up to 3 years in detention; if the juvenile has a quantity of less than one ounce of any Schedule I or II substance, he or she is guilty of a crime of the third degree, and may face up to two years detention and a fine up to $75,000.
Heroin or any Coca Leaf Derivative: N.J.S.A 2C: 35-5(b)(1), (b)(2), (b)(3): If the juvenile has a quantity of five ounces or more, including any adulterants or dilutants, he or she is guilty of a crime of first degree could face up to four years of detention, and a fine of $500,000. If the individual has a quantity of less then five ounces but more than ½ of an ounce of heroin, he or she is guilty of a crime of second degree, and faces up to 3 years detention. If the individual has a quantity of less than ½ of an ounce, he or she is guilty of a crime of third degree, and could face up to 2 years detention and a fine up to $75,000.
Methamphetamine: N.J.S.A. 2C: 35-5(b)(9): If the juvenile has a quantity of five ounces or more, including any adulterants or dilutants, he or she is guilty of a crime in the first degree, and could face a fine up to four years detention and a fine of $300,000. If the individual has a quantity of less than five ounces but more than ½ of an ounce of methamphetamine, he or she is guilty of a crime in the second degree, and could face up to 3 years detention. If an individual has a quantity of less than ½ of an ounce of methamphetamine, he or she is guilty of a crime of third degree, and could face up to 2 years detention.
Distribution within a School Zone
If a juvenile is charged with drug distribution within a school zone, he or she may face more severe penalties. For instance, under N.J.S.A. 2C:35-5, if the juvenile is 16 or 17 years old at the time of the alleged offense, and he or she is charged with drug distribution, the prosecutor can move the case to criminal court.
If your child has been charged with a drug distribution offense, it is crucial that you consult a knowledgeable juvenile defense attorney immediately. The attorneys at the Law Offices of John F. Marshall are experienced in juvenile drug distribution offenses, and have had success in defending these cases state-wide, including Monmouth County, Middlesex County, Union County, Somerset County, Ocean County, Essex County, Ocean County, Mercer County, Hudson County, and Morris County. Please feel free to contact our office for a free initial consultation.
