Legal Question in Criminal Law in California
1.can a judge declare a 13 year old girl to juvinile hall if she has possession of methaphetimines but did not know she had them?
2. is it possible to fight this case?
3. if drug tests came back that she did not do drugs if this good evidence as well.?
1 Answer from Attorneys
1. The judge can order that a juvenile be detained if the judge believes that the minor is in danger and detention is necessary to 'protect' the minor. So under these circumstances I would say that the judge was well within his authority.
2. It is definitely possible to fight this case. You should speak with a criminal defense attorney right away.
3 Depending on the charges, it is unlikely that a drug test will be administered. There are difficult crimes that could be charged. Possession of a controlled substance does not require that a person be actually under the influence so a drug test would not help with that charge. On the other hand if she is charged with being under the influence then a drug test would be relevant and helpful.
Related Questions & Answers
-
My husband was convicted of rape, 4 years after sentencing, we have found out that... Asked 11/02/11, 1:15 pm in United States California Criminal Law
-
Can a person be charged with murder if they were with someone and a fight broke out,... Asked 11/02/11, 11:28 am in United States California Criminal Law
-
Manslaughter charges filed by the DA 9 Mo.s ago, case continues to be rescheduled,... Asked 11/01/11, 8:14 pm in United States California Criminal Law
-
How do you squash a bench warrant thats a misdameanor offense but, is for 35,000... Asked 11/01/11, 5:55 pm in United States California Criminal Law