Juvinial laws for drug arrest michigan
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To preserve your rights and take full advantage of the legal protections afforded, juvenile offenders and their parents should seek the advice of a juvenile defense attorney experienced in HYTA cases. Michigan is one of a handful of states that automatically charges and-older offenders as adults. This often comes as a surprise because most other laws treat anyone under 18 as a minor. The good thing about HYTA is that it offers a chance to keep criminal offenses — including felonies — off your record.
Although there are some exceptions, HYTA is available for most felonies and misdemeanors, and allows dismissal of those charges upon compliance with the terms set by the court.
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It was the desire of the legislature, as noted in the Michigan appellate case of People v. A drug offender given HYTA status will not necessarily avoid jail or prison entirely in fact, incarceration may be mandatory for certain offenses. However, it does allow youths the opportunity to build a better future.
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Still, youth under 24 have one of the highest rates of arrest for drug offenses comparative to other age groups. Still, there are several ways your drug defense attorney can help you fight back on these charges, possibly avoiding conviction or at least minimizing the impact to your freedom, finances and future. As noted in the Michigan Court of Appeals decision in People v. Bobek , the HYTA offers a way for youths charged with certain crimes to be excused from having a criminal record.
What Legal Rights Does a Juvenile Have?
As noted in the appellate court decision in People v. This does not mean juveniles charged with such offenses have no options. It may be possible to plead the charge down, and there could be numerous other strong defenses, depending on the particulars of the case. When it comes to juvenile drug offenses, there is often a good chance of HYTA assignment because the majority of drug arrests are for possession, MCL HYTA status may be granted for drug crimes involving other substances, including marijuana, Vicodin, ecstasy, methamphetamine and more.
To obtain HYTA, the defendant must enter a guilty plea on the agreed-upon charge. A judge will then order the HYTA and decide on the terms and length of probation. The record will be sealed from public view while pending, though the court and law enforcement will still have access to it.
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This form of sentencing also goes hand in hand with juvenile probation. Criminal court — In some cases, juvenile cases may be transferred to criminal court. Simply put, juvenile dispositions are the possible outcomes if the offender is found guilty at trial. A judge will hold a disposition hearing to obtain recommendations from the prosecution, probation staff, defense attorneys, and others in order to decide the appropriate outcome.
Once the judge decides the outcome, they will file a disposition order with the state that articulates the disposition chosen for the youth and any conditions of that disposition.
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In other words, juveniles have the right to remain silent, the right to an attorney, etc. Civil Infraction — Civil infraction s occur when a law enforcement officer issues a citation. Generally speaking, these citations carry penalties that do not include a jail sentence. One common example of a civil infraction is a traffic ticket. As a result, when someone under 18 is caught in possession of tobacco, law enforcement may issue a status offense. Misdemeanors — In Michigan, juvenile misdemeanors are crimes committed minors under the age of 18 that are punishable by up to one year in a juvenile detention facility.
These are less serious than felonies. Common examples of juvenile misdemeanors include: drunk driving offenses, shoplifting, petty theft, Minor in Possession of Alcohol MIP , non-felonious assault, certain drug offenses, etc.
Felonies — Juvenile felonies are more serious than misdemeanor charges. When a juvenile is charged with a felony offense , the young offender will face a judge in juvenile court.
The judge can then decide whether the offense is handled through juvenile court, or may transfer the case to the criminal court system for adults. Proper legal defense is absolutely vital for juveniles charged with a felony as they could face real time in an adult prison system. In Michigan, felonies are punishable by a minimum of one year of incarceration. Juvenile Incorrigibility — In Michigan, incorrigibility refers to a child under 17 years of age that demonstrates a refusal to obey parents, guardians, or legal custodians.
Truancy — Simply put, truancy is the act of a child deliberty missing school.
Michigan parents may face consequences for a child’s criminal charges
These policies require that a child within the age of is required to attend school during the entire school year except under limited circumstances. Probation for juveniles involves restricting their freedom to specific terms dictated by the court. Juvenile probation may include: community service, youth assistance program, juvenile diversion, electronic monitoring i.
If the juvenile court judge determines the offender did violate their probation, the judge can revoke probation and impose a harsher sentence.