At 15 I received a diversion, by CDW for possesion of paraphernalia, now @16 I'm charged with drug paraphernalia /possession ..

Asked over 1 year ago - Frankfort, KY

I completed diversion successfuly first time , What will be likely outcome this time?

Attorney answers (2)

  1. Frank Mascagni III

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should contact a criminal defense lawyer in your area that practices in juvenile court. Since this is your second offense as a juvenile, the prosecutor will be aware of your prior record. You didn't identify the drug nor quantity, so I'll assume is was a small amount of marijuana. Defense counsel will assist you in getting a better result that you going alone. A resolution should not require any time in the youth center, but may require other items to resolve ( community hours, substance abuse classes, etc.) Get counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Kristin M. Russell

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . While I agree that you should consult with an attorney and that you are most likely not going to jail (e.g., you will likely receive some combination of conditionally discharged or probated jail time, community service and/or substance abuse treatment), the Kentucky Unified Juvenile Code does state the following: "...The court at the dispositional hearing may, if the child is sixteen (16) years of age or older, order that the child be confined in an approved secure juvenile detention facility, juvenile holding facility, or approved detention program as authorized by the Department of Juvenile Justice for a period of time not to exceed ninety (90) days" --KRS 635.060

    Kristin M. Russell is an attorney licensed to practice law in the Commonwealth of Kentucky. Per Avvo guidelines,... more

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