Defense Strategies for Juvenile Drug Arrests

 Posted on August 16, 2023 in Juvenile

Being arrested for drug-related offenses as a juvenile can have long-lasting consequences. Today, we will explore some possible defense strategies that can help navigate the legal process and protect the rights of juveniles facing drug charges. If your child is facing drug charges, contact a criminal defense lawyer to protect your child’s rights and interests at this critical time.

Illegal Search and Seizure

One potential defense strategy is challenging the legality of the search and seizure that led to the drug arrest. This strategy examines whether law enforcement had probable cause or a valid warrant when conducting the search. If the search violated the juveniles’ Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be deemed inadmissible, weakening the prosecution’s case.

Lack of Knowledge or Control

Another strategy involves establishing that the juvenile had no knowledge of the presence of drugs or lacked control over them. This defense is particularly relevant in cases involving shared living spaces or vehicles where the drugs may have belonged to someone else. Demonstrating that the juvenile did not knowingly or intentionally possess the drugs makes it more challenging for the prosecution to prove legal culpability.

Undercover Operation Entrapment

It could be a valid defense strategy if law enforcement agents engaged in entrapment. Entrapment occurs when officers induce or coerce the juvenile to commit a crime they would not have otherwise committed. If the evidence demonstrates that the arrest was a result of a trap set by law enforcement, the defense can argue that the actions of law enforcement compromised the fairness and justice of the case.

Constitutional Violations During Arrest

Juveniles, like adults, have the right to due process and fair treatment during their arrest. Any constitutional violations during the arrest, such as lack of Miranda warnings or coerced statements, can be key defense strategies. Suppose the prosecution relies heavily on incriminating statements made by the juvenile during an arrest. In that case, a challenge can be made if proper procedures are not followed, potentially leading to the exclusion of those statements from evidence.

Contact a Will County Juvenile Defense Attorney

Juvenile drug convictions can have lasting consequences, making it essential to employ effective defense strategies to try and avoid a costly conviction. If your child is facing drug charges, contact the DuPage County juvenile defense lawyer with Law Office of Patricia Magaña, LLC. Inquire with your attorney regarding Illinois’s drug court treatment program, as such an option may be highly beneficial to a juvenile with a drug problem. Call 630-448-2001 for a free consultation.

Source - https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1864&ChapterID=50