My Civil Advocate

If a person is charged with possession of illegal drugs, their attorney may seek to challenge the prosecution on one or more grounds: refuting the stated facts, testimony, or evidence; zeroing in on procedural missteps; or pressuring the prosecution to provide all necessary evidence at trial. A defendant has the right to due process of law, including search-and-seizure protocol that is carried out properly. For example, if drugs were spotted "in plain view" in their car, they can be used as evidence. If a trunk was pried open without the defendant's consent, that's another matter altogether. A defendant can also claim they hadn't the foggiest idea that the drugs were in their residence or vehicle, and that the drugs must be someone else's. A skilled defense attorney can put the squeeze on the prosecution to prove "ownership". An attorney will force prosecutors to produce, in court, the actual drugs involved in the case. This isn't always a ...

In most states, juvenile delinquency proceedings involve persons age 18 or under. A few states might go lower, at 16 or 17, and one state (Wyoming) sets the age at 19. All juvenile cases are civil matters, not criminal. In juvenile delinquency cases, instead of being charged with a crime, the juvenile is accused of committing a delinquent act. A prosecutor or probation officer typically gets the ball rolling by filing a civil petition, which states the charge and requests that the court determines that the juvenile has been delinquent. Juveniles have the right to attorney representation at an adjudicatory hearing (where the judge weighs the evidence in a case), but they do not have the right to a trial by jury. If a delinquency determination is made, the court has broad powers as a to what constitutes the best interests of the child and a suitable course of action. Common delinquent acts include theft, drug abuse, simple assault, and disorderly conduct, among others. Roughly ...