What Happens if a Minor is Charged with a Drug Offense in Lafayette?

Find out the consequences of juveniles in Lafayette. The impact of drug use impacts all ages in our society, including juveniles. If you are a parent or guardian of a child who has been charged with a drug offense, it is crucial you understand the details of how juveniles are handled in your area. Consulting with a juvenile drug defense lawyer from Ikerd Law Firm can be a good idea if ever you need assistance regarding minors involved in crime. It is important to not wait, but rather hire someone quickly because the juvenile (in)justice system moves very quickly, unlike adult court. 

Legal Protections for Juveniles in the Lafayette Juvenile Justice System

This outlines the legal protections afforded to juveniles within the Lafayette juvenile justice system, with a specific focus on drug offenses.

Fundamental Rights of Juveniles:

Right to Counsel: Juveniles possess the fundamental right to legal representation throughout all stages of questioning and court proceedings.

Right Against Self-Incrimination: Paralleling adult legal protections, juveniles have the right to remain silent during questioning to safeguard against self-incrimination. Miranda warnings must be administered upon taking a juvenile into custody.

Confidentiality of Juvenile Records: In many instances, juvenile records are sealed, thereby protecting the privacy of the minor and restricting public access to their case history. However, in 2024 the new Governor and Legislature changed this rule in some cases, making it even more important for your juvenile to have the right attorney to fight for them now. They may not be given the protection of secrecy later in life if convicted as a juvenile.

Structure of the Juvenile Court System:

Judge-Based Proceedings: Unlike the adult court system which utilizes juries, juvenile cases are heard and adjudicated by a single judge. Typically, that judge is dedicated to hearing only juvenile cases, which can be both a good thing and bad thing. 

Potential Transfer to Adult Court: In circumstances involving severe drug offenses or other violent felonies, the court may decide to transfer a juvenile case to adult court for trial. The 2024 juvenile (in)justice laws made it easier to try a 17 year old as an adult. 

Role of the District Attorney:

Prosecutorial Discretion: District attorneys, who bring formal charges against minors, have the discretionary power to decide whether to prosecute the drug offense.

Plea Negotiations: The district attorney plays a pivotal role in negotiating plea agreements, which can significantly impact the final sentence imposed upon the juvenile.

Understanding these legal rights and the intricacies of the juvenile justice system is paramount for juveniles facing drug charges within the Lafayette jurisdiction.

Potential Consequences for Juvenile Drug Offenses

Informal Adjustment

Depending on the crime, the juvenile and their history, the judge, and the prosecutor, not all arrest will lead to a conviction. A skilled juvenile defense attorney can work with their client to do things before the first appearance in court to better position themselves to avoid a conviction. 

One option a prosecutor has is something the code calls an “informal adjustment.” This can often be called “DA Probation” because there are things that must be done, like when on probation, including staying out of trouble, paying any restitution back, doing community service, improving school grades, etc. When such a deal is worked out, if the juvenile can complete the agreed upon terms of the informal adjustment, and stay out of trouble for a set period of time, the prosecutor will then agree to dismiss the charges. “An informal adjustment agreement shall not be considered an adjudication.” La. Children’s Code art. 841. 

Juvenile Drug Court or Specialty Court

Many jurisdictions in Louisiana now have a Juvenile Drug Court. This allows juveniles who have been charged with drug related offenses to get help, be held accountable, and, hopefully, improve their chances for success. Unlike an informal adjustment, the juvenile must pled guilty to enter Drug Court. Depending on the jurisdiction, there will be extensive contacts with the Court for 6-9 months, including sometimes weekly meetings. The Court strives to work with parents and guardians to address issues that may have led to the juvenile’s drug use. The Court partners with community groups to provide collateral services. The Juvenile Drug Court in Lafayette Parish started in 2002 and has been successful for over two decades. 

Admission in the program requires screening by staff and clinical therapist. If the juvenile successfully completes the program, the charges can be dismissed and cleared from their record.

Probation Terms

When minors get involved with crimes—and an informal adjustment or drug court is not an option—the juvenile may be placed on probation. During the probationary period, they are strictly required to follow curfew hours, submit themselves to drug testing, and attend counseling sessions. If they fail to obey they can be faced with penalties and detention. 

Understanding the consequences of violating probation is crucial for minors. If a minor fails to meet the requirements, they may face immediate arrest and detention. Violating probation can lead to an extension of the probation period or more severe legal repercussions.

Detention Centers

Detention centers and foster homes are the places where juveniles are kept when probation is not an option. In theory, these institutions provide supervision and rehabilitation that can encourage young offenders to straighten their paths while still possible. 

In practice, few juveniles leave juvenile detention better than they entered. Psychologically, these centers can mess with a child’s development and ability to cope with future problems. The goal must always be to avoid being committed to a detention center. 

Community Service

One of the conditions that minors are given when they are facing criminal charges is to do community service. This activity can have an impact on letting them understand what responsibility and accountability mean. This can serve as their eye-opener. A good attorney will work with their juvenile client to understand the need to begin some community service before even being asked, in order to prove to the prosecutor and judge that they are taking the case seriously. 

Rehabilitation and Treatment Options for Minors

Counseling Programs

These kinds of programs are provided for juveniles to guide them to change their bad habits and adopt new positive ones. Counselors help by offering emotional support, guidance, and even during the legal proceedings for the crime in which they are involved. Counselors can also help juveniles deal with the underlying issues that may have driven them to drug use to begin with, such as anger issues, family or school problems, etc. 

Drug Education

To open the minds of minors about addiction to substances, they undergo teachings about awareness on illegal drugs, and the dangers of each and encourage them to be more careful in making decisions to avoid getting involved in a crime in the future. Various resources are made available so minors can choose which among them are suitable for their situation.

Treatment Facilities

The treatment centers have specific services and support for those teens that are facing drug abuse. These institutions are a crucial part of the recovery process for minors; they afford them with the required materials and resources to overcome their addiction. Minors have a chance of getting different medical interventions that meet their unique needs.

Parental Involvement and Responsibilities

After the Arrest

After a minor's arrest in Lafayette, the intake officer evaluates the situation to determine the next steps. The evaluation process involves assessing the minor's background and the details of the offense. Depending on this assessment, the minor may receive informal reprimands or face formal charges.

Legal Responsibilities

Minors facing drug offenses have specific legal obligations that they must fulfill. These responsibilities include attending court hearings, following any imposed restrictions, and cooperating with legal authorities. Failure to meet these obligations can lead to further legal consequences and complicate the minor's case.

Supporting Rehabilitation

Minors who are involved in crimes may be offered supporting rehabilitation to help them resolve the underlying issues that led them to commit crimes. They are given guidance and resources on how to be involved in society positively. 

Juveniles need assistance and support to keep them on the right track. At their age educating them about awareness of choosing to do good or bad can still make them realize they have to change. Their minds are still capable of being corrected and taking the better path of life. Lawyers can assist them in battling their cases to give them a chance for treatment and rehabilitation.

Closing Thoughts

Navigating the legal system as a minor charged with a drug offense in Lafayette can be a straightforward process with the right guidance. By understanding the fundamental protections afforded to you, the potential consequences of your actions, and the available resources for rehabilitation, you can make informed decisions.

While facing drug charges can be challenging, a focus on personal responsibility, coupled with the appropriate legal guidance and available resources, can equip you with the tools necessary to overcome this hurdle and build a positive future. 

Here at Ikerd Law Firm, we can provide legal representation throughout the process and advocate for the best possible outcome in your situation. Don't hesitate to contact us for a consultation.