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Will i be drug tested at my preliminary inquiry? Will i go to court or not?

Louisville, KY |

I am 16 and i was found in possesion of 2 marijuana seeds and 3 small stems on school grounds over 3 months ago. i just got a letter from the CDW stating that i have a preliminary inquiry in 10 days. Will i be drug tested at this? What type of punishment will i recieve? and how long will this be on my record?

Attorney Answers 2

Posted

You will be prosecuted in Jefferson District Court, Juvenile Division. I assume you have been cited for Possession of Marijuana. It is not normal for a juvenile defendant to be drug tested at his inital appearance at court. After the arraignment, the matter will be passed for a pretrial conference. You need to hire a competent criminal defese lawwyer ASAP to go to court with you.

Possession of Marijuana is a crime in KY. KRS 218A.1422. It carries a penalty of a max. of 45 days.

Any juvenile conviction remains on your record until you are an adult, then you can file a motion to expunge your juvenile record.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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8 comments

Asker

Posted

r

Asker

Posted

I am very scared of whats going on. So im just trying to find out details of what is going to happen. So i wont be drug tested at the preliminary inquiry? Since i was already expelled for this could this be settled at the preliminary inquiry insted of going to court? What will happen at the preliminary inquiry? I noticed you are an attorney in louisville. from your experience what do you personally think will happen at the inquiry. Please give me as many details as possible because i am really nervous.

Frank Mascagni III

Frank Mascagni III

Posted

I am confused. Did the letter set a court date or invite you with your parents to meet with a social worker at their office?

Asker

Posted

The letter is from a court designated worker. The title of the letter is "preliminary inquiry notice public offense" at the begenning of this letter it says "at this time the coutt designated worker will eaither recommend that this case be informally resolved without going into formal juvenile court, or recommend that a pention be filed to take the case to formal court. It says I dont have to attend the preliminary inquiry but i am going to attend.

Asker

Posted

And yes it is at the court designated workers office.

Frank Mascagni III

Frank Mascagni III

Posted

Go to the meeting with your parents. Be polite, sincere and willing to resolve the case by any recommendation of the worker rather than put the matter in juvenile court. It can be resolved outside of court if the worker is convinced there is an alternative.

Asker

Posted

So I will not be drug tested at this right? and will the possession of marijuana charge will still be on my record even if it is resolved outside of court?

Frank Mascagni III

Frank Mascagni III

Posted

If the case is resolved at the worker's office, it won't go to court. You and your family need to contact a lawyer to answer all your questions.

Posted

Drug testing is possible in any drug case, but you should have been warned that it was a possibility. Is it a condition of release? What does your lawyer say?

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