Legal Question in Criminal Law in California

1.can a judge declare a 13 year old girl to juvinile hall if she has possession of methaphetimines but did not know she had them?

2. is it possible to fight this case?

3. if drug tests came back that she did not do drugs if this good evidence as well.?


Asked on 11/02/11, 1:51 pm

1 Answer from Attorneys

Daniel Martin Law Office of Daniel K Martin

1. The judge can order that a juvenile be detained if the judge believes that the minor is in danger and detention is necessary to 'protect' the minor. So under these circumstances I would say that the judge was well within his authority.

2. It is definitely possible to fight this case. You should speak with a criminal defense attorney right away.

3 Depending on the charges, it is unlikely that a drug test will be administered. There are difficult crimes that could be charged. Possession of a controlled substance does not require that a person be actually under the influence so a drug test would not help with that charge. On the other hand if she is charged with being under the influence then a drug test would be relevant and helpful.

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Answered on 11/02/11, 5:00 pm


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