Drugs are a very serious problem across Canada. Illicit drugs frequently prove deadly, and overdose fatalities are at an all-time high. People don’t always even know what they’re taking, distributing, and possessing.
Youth drug possession charges can carry a wide range of consequences for minors in Edmonton. Read on to learn the basics of these charges, what sentence a conviction may carry, and how you can help your child after they are arrested.
The Basics of Youth Drug Possession Charges
“Drug possession” is a charge that someone gets for knowingly possessing a controlled substance. A lot of the time, these substances are illegal drugs like heroin, methamphetamines, or LSD. However, prescription drugs like steroids or opiate pain medication also constitute controlled substances if the person possessing them does not have legal prescription paperwork.
Cannabis is also considered a controlled substance. Though it is legal for both recreational and medical use across Canada, those under 18 cannot legally possess it in Alberta. If a minor under 18 is caught with marijuana, possession charges may apply.
Drug possession charges usually come when these substances are found on a youth. Sometimes they may be caught carrying them in their pockets or schoolbags. However, youth can also be charged with possession if authorities find drugs in places that they control like their cars.
Age Restrictions for Youth Charges
The Canadian justice system is different for those under 17 than it is for those who have reached the age of majority. This is a product of the Youth Criminal Justice Act (YCJA).
The age restrictions for the YCJA mean that its contents apply to children between 12 and 17 years of age.
The YCJA recognizes that youth lack the same sense of maturity that adults have developed over time. However, it also sees that young people need to be held accountable for possession and other criminal charges. The aim of youth prosecution is rehabilitation so that the offender can grow, change, and ultimately integrate into productive society.
However, the YCJA does not apply in certain situations. This is usually in the case of very serious crimes like murder, armed assault, or sexual offences. It’s possible that youth facing possession charges may be given an adult sentence if the possession went hand-in-hand with a serious or violent crime. Distribution of some illegal substances like hard drugs may also carry an adult sentence, though this is not always the case.
Possession charges aren’t one-size-fits-all, so you’ll need a drug crime lawyer to help you get the lowest youth drug possession sentence possible in Edmonton.
Youth Drug Possession Penalties
Those charged and convicted under the YCJA may face a wide range of penalties. They include:
- Fines
- Chemical/mental health outpatient treatment
- Chemical/mental health inpatient treatment
- Youth probation (not jail, but legal supervision and restricted freedoms while at home)
- Driver’s license restrictions (especially for those who drove while intoxicated or had drugs in their car)
Mandatory drug counselling and education will also be part of the sentence.
While these are less severe than adult jail time, they can still leave the youth with a criminal record that lasts beyond the completion of the sentence. This record can make it hard to get jobs, travel to foreign countries, rent property, and gain international citizenship.
Luckily, parents can help their children avoid this long-term problem with the help of a good Edmonton criminal justice attorney.
Hire a Quality Lawyer
Whether your child is facing a DUI or simple possession charges, an Alberta criminal defence attorney can help them get the lowest possible sentence.
This is because the lawyer will learn the ins and outs of your case and gather evidence on your behalf. In some cases, the aim will be to prove that the possession charges are false. In others, it will be to minimize the sentence and impact by proving that there was no intent to distribute or that the youth did not know the drugs were there.
Once the attorney gathers evidence like security footage, interviews, and eyewitness testimonies, they will advocate for your child before a judge. Experienced lawyers know how to negotiate and make a compelling case. This can greatly minimize both the short-term and long-term impact of the charges (or conviction).
To choose a good lawyer, look for:
- Someone who operates in Alberta or Edmonton and knows the ins and outs of local law
- Someone who is experienced in working with youth charges
- A knowledgeable individual with a quality educational background
- 40+ years of experience in criminal defence (who knows how to get results)
- Awards, accolades, and other recognition
- A willingness to communicate openly and transparently
This ensures that you will get the highest quality representation possible.
Avoid Common Mistakes
In the meantime, it’s also important that both you and the accused child avoid common mistakes that could jeopardize your case.
For example, texting people about the case or making posts on social media can be detrimental. Anything that you put in writing can be used against you. Make sure that your child also understands how harmful these actions can be – they can lead to a conviction and a worse sentence.
You also shouldn’t talk with the police without a lawyer present. Cooperating may seem like a good idea, but you could easily accidentally implicate the youth who was charged with possession. Be courteous to the authorities and don’t argue with them, but calmly refuse to discuss the case until your Edmonton attorney arrives to advise you about it.
Work With a Criminal Defence Attorney
Youth drug possession charges can leave minors with long-lasting criminal records. They can also mean hefty fines or even criminal penalties in some situations. Now that you know how to help your child work through charges, it’s time to begin figuring out how to minimize their likelihood of conviction and avoid severe sentences. Our team is committed to helping those facing youth drug possession penalties defend themselves in Edmonton courts. We have over 40 years of experience, so contact us to schedule a consultation and discuss your specific needs.
