|
|
 |
 |
 |
 |
 |
 |
 |
Q: Are children charged with committing a drug crime prosecuted the same as adults?
A: Children (juveniles or "minors") are subject to a separate judicial system called the juvenile court system. The focus of the juvenile court system is more for criminal rehabilitation than on crime punishment. In some cases, however, older juveniles who commit more serious crimes will be charged with criminal cases as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult criminal punishment, whereas in juvenile court any incarceration is usually in a more criminal rehabilitative setting and generally ends when the juvenile attains the age of majority.
Q: Do I need a criminal defense lawyer to represent me even if I am innocent?
A: Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that you need to employ the services of a seasoned Las Angeles criminal defense attorney
Q: If I simply intend to plead guilty, why do I need a criminal defense attorney?
A: Even if you are guilty of the drug crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.
Q: What defenses can be raised in drug cases?
A: A good criminal attorney will first look to challenge the search and seizure that resulted in the police finding the drugs. Should the police violate the defendant's Fourth Amendment search and seizure rights; the court will suppress, or throw out, the drugs as evidence. The prosecuting attorney, with far less evidence to prove the case beyond a reasonable doubt and the case could be dismissed.
Q: How does the prosecuting attorney decide which drug cases to pursue?
A: The prosecuting attorney will first look for a legally sound case, one without any obvious defects that will get it thrown out of court. Violations of the defendant's constitutional rights or destruction of evidence crucial to the defense will have a good chance of getting thrown out. The prosecuting attorney will then decide if enough criminal evidence is there to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the office's policy objectives, or whether a more informal disposition, like drug counseling or treatment, may be in order.
Back to Drug Crime Overview
|
|