Alcohol & Drugs: MIP, MIC, Intoxication school and police conviction

[codeman]

Ok, I'm a minor going to high school ( im 15 ), i have been accused of having drugs at school and distributing them. I had less than 2.5 grams of marijuana, 2 lorcets, and a couple of ibuprofen 800mg, and a pipe. The school is sending my information of the incidence to the Board of Education for them to review how to punish me, (expulsion or etc), yet at the same time the drug force or police is setting a trial for me to see how I will be punished by them. Could this be a type of double jeopardy since they are both punishing me for the exact crime. Also what kind of punishment am I looking at?

 

[codeman]

Ok, I'm a minor going to high school ( im 15 ), i have been accused of having drugs at school and distributing them. I had less than 2.5 grams of marijuana, 2 lorcets, and a couple of ibuprofen 800mg, and a pipe. The school is sending my information of the incidence to the Board of Education for them to review how to punish me, (expulsion or etc), yet at the same time the drug force or police is setting a trial for me to see how I will be punished by them. Could this be a type of double jeopardy since they are both punishing me for the exact crime. Also what kind of punishment am I looking at? I am in Alabama, Calhoun County.

 

[NYClex]

No, this is not double jeopardy. The double jeopardy clause protects you only against being put on trial for the same offense a second time in a regular court of law. The school procedures are disciplinary procedures that are independent of any court proceedings, compare them with an adult being fired from their job because of criminal charges.

The criminal charges are very serious. Sale of drugs in school grounds is a C-felony in Alabama, that goes with a minimum jail sentence of one year and a maximum of 10.
Possession of marihuana in that amount, if it is only for personal use is an A misdemeanor, which carries a maximum jail sentence of one year. Possession with intent to sell, however, is also a C-felony with a 10 year maximum and 1 year minimum.
Possession of drug paraphernalia is an A-misdemeanor again. The misdemeanors also carry a $ 2,000 fine, and if you have a driving license, this will be suspended at least for 6 months.

Yourthful offenders can be sentenced to the same amount of jail time for misdemeanors (which is up to one year), the same amount of fines, and up to three years in a youth correctional institution (youth prison) for the felony counts.

Of course, the sentences can be suspended for probation etc. It depends on the details of the case, your record, the judge, etc.

Selling drugs in a school is one of the stupidest things people can do, this gets punished severely, and rightly so. You should sit down with your attorney and think the case through.