Can I be tried as an adult if my juvenile case is not dismissed and I am now 18?

When I was 17 (approximately a year ago), I was charged with possession on marijuana. I went to court and they told me I must do community service, substance abuse classes (if determined by assessment), and graduate school. I completed my community service and graduated school. I went to be assessed and drug tested and the substance abuse counselor found that I didn’t require further intervention. The problem is after almost a year I have forgotten the counselor’s name, the name of the substance abuse facility and I can’t find any information proving that I was assessed.

Asked on October 21, 2011 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were arrested for a crime of possession of marijuana as a minor, but you are now an adult but you are concerned that you failed to complete the requirements of your plea with respect to the assessment by the drug counselor, your terms of probation could very well be deemed not satisfied by the court.

However, you would be tried most likely as a minor since the charge against you arose when you were a minor. I recommend that you retain a criminal defense attorney to assist you concerning your current predicament.

Good luck.


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