I have a nephew who is getting out of control. He is 17 years old, and has been arrested on one occasion for possession of marijuana and now he has gotten a ticket for consuming alcohol under the age of 21. The first time around he got a slap on the wrist and was given some community service. This time his family would like to see a stricter punishment. What can be suggested?
The first time a person is caught with a small amount of marijuana in their possession, they are entitled to receive an Adjournment in Contemplation of Dismissal as their sentence. This is stated in the New York State Criminal Procedure Act as developed by the State Legislators. The goal was to de-criminalize small uses of marijuana. Most Courts will impose some additional penalty, such as the community service, to the sentence to discourage the Defendant from visiting the Court again. If the Defendant doesn’t get the idea the first time, then it’s fines or other punishment.
The newest charge is also a simple violation. It has a sentence requirement of a fine ONLY. No jail time or probation may be ordered when a person is sentenced for this violation. I realize that doesn’t help you. There is one additional possibility, however most folks have not had a lot of success with it.
Any individual under the age of 18 who is out of control may be subject to the filing of a Person In Need of Supervision action. This is commenced though the local probation department. It starts with a preventive program that has the ‘child’ attend programs that match their particular need. If the child refuses to attend the program then they may be required to by removing them from their current living situation and placing them in a non-secured living environment. Like a group home. In this environment the child is required to attend various programs.
The main problem is that there are a limited number of placements available, and generally they are not filled by 17 year olds, the feeling being that a younger child may actually benefit from the programs, where as an older child really doesn’t care, and realistically can not be forced to remain in care once they turn 18.
As always this is a general answer to a general question. Each legal issue may contain other factors that need to be discussed with your own attorney.
If you have a question for Attorney Kukuvka, please mail them to her at 330 E. Main St., Palmyra, NY 14522, or e-mail at cklaw@verizon.net. .
elete this message.