Los Angeles Juvenile Defense Attorney

Archive for the ‘Juvenile Drug Laws’ Category

Giving Adderall to Poor Children Who Don’t Have ADHD

Wednesday, October 24th, 2012

Adderall is a prescription drug that the FDA approved to treat Attention Deficit Hyperactivity Disorder (ADHD).  According to a recent New York Times article, Attention Disorder or Not, Pills to Help in School,certain doctors are taking it upon themselves to prescribe Adderall to underprivileged children who don’t exhibit the symptoms of ADHD.   The doctors justify this practice on the grounds that Adderall helps children focus and earn better grades.

Some people who support this practice also point out that it is cheaper and in the short run more effective than fixing crumbling schools, making them safer, funding them properly, or doing the other things that would improve the academic performance of our children.

Several educators contacted for this article considered the subject of A.D.H.D. so controversial — the diagnosis was misused at times, they said, but for many children it is a serious learning disability — that they declined to comment. The superintendent of one major school district in California, who spoke on the condition of anonymity, noted that diagnosis rates of A.D.H.D. have risen as sharply as school funding has declined.

“It’s scary to think that this is what we’ve come to; how not funding public education to meet the needs of all kids has led to this,” said the superintendent, referring to the use of stimulants in children without classic A.D.H.D. “I don’t know, but it could be happening right here. Maybe not as knowingly, but it could be a consequence of a doctor who sees a kid failing in overcrowded classes with 42 other kids and the frustrated parents asking what they can do. The doctor says, ‘Maybe it’s A.D.H.D., let’s give this a try.’ ”

As a parent, I can see how doctors decide to ignore broader societal issues to do what they think is right for an individual student.  But as a Los Angeles criminal defense lawyer who defends juveniles accused of committing crimes, I know that the New York Times story misses an important aspect of prescribing Adderall to more students.  Under federal law, Adderall is a Class II controlled substance; same as cocaine.  It is a crime to use Adderall for non-therapeutic reasons.  When doctors give more students Adderall, they also increase the chances that their patients will share the drugs with friends and classmates who have not received a prescription.  This may not sound like a big deal, but it is.

Many states, including California, are increasingly cracking down on students who possess or distribute prescription drugs such as Adderall.  That is one reason why as matter of social matter, it’s not sensible both to encourage doctors to hand out Adderall and then criminalize the unauthorized use of Adderall by juveniles.   If, as a society we make the decision not to invest adequately in our schools, let’s not make the situation worse by criminalizing the possession of small amounts of Adderall by kids.

Unfortunately, more and more juveniles are being ensnared by the criminal justice system in connection with prescription drugs.  That’s why it’s critical to work with lawyers who are experienced in defending juveniles in criminal matters.

Minor Charged With Committing Lewd Acts At Day Care Center

Tuesday, August 14th, 2012

A 14-year-old was arrested on August 7 near Sacramento for suspicion of committing lewd acts at a day care center owned by his mother.

As a juvenile criminal defense lawyer in Los Angeles, I know that lewd acts sounds like a euphemism, but under California law it is a specific crime.

One aspect of the crime involves sexual acts that are done in public. These are governed by California Penal Code Section 287(a), which makes certain lewd acts performed in public misdemeanors.;

Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.

In the case involving the day care center, however, the potential charges could be much more serious.

Under California Penal Code section 288(a), someone who touches someone under the age of 14 with the intent to arouse them can be sentenced to jail for up to  eight years.  To be convicted of committing lewd acts on a minor under 14, the lewd acts must be done with an intent to arouse or gratify the desires of either the person doing the touching or the child.

Here, as always, the child is entitled to the presumption of innocence.  Moreover, we don’t know what the child or the day care center did or whether the alleged victim is under 14.  Depending on how the prosecution views the case, people charged with lewd acts can also face felony charges for indecent exposure, sexual battery, or molestation.   In contrast to a violation of Section 288(a), which is a felony, sexual battery, which is governed by California Penal Code Section 243.4, is a wobbler; it can be charged either as a misdemeanor or a felony.

Most of the time, juveniles who are found guilty of committing lewd acts are put into what is known as “suitable placement.”  This is a group home that at least in theory is supposed to provide an opportunity for therapeutic treatment.  Unlike some sex crimes committed by adult crimes, California law does not impose a lifetime registration requirement on juvenile sex offenders unless the offenses are registerable under California Penal Code Section 290 AND the juvenile is sentenced to the Department of Juvenile Justice (DJJ), which in California is the equivalent of state prison for minors.  Here, whether a child would need to register as a sex offender for life depends in large part on whether he is found guilty of violating section 288(a).  This is just one example how a criminal act committed by someone as young as 14 can have lifelong repercussions.