Q&A: Mitigating Factors

Question:

Is this child abuse and can I use it toward my benefit on a current runaway and possible possession charge?  I am 17 and have the possibility of getting a possession charge but there is no proof the drugs are mine they were found in my dresser when i was not home and turned in by a parent I am planning on remaining silent because theres no way to prove i was in “control” of said drugs when they were turned into police. At the same time i am currently a runaway and have not yet returned home so im also facing that. My main question is my dad at least daily puts me down with verbal abuse and on a few occasions has pushed me into walls and shook me hard on those occasions I have fought back with fists in self defense, It is also very clear I am a depressed possibly suicidal person because of said treatment from my dad Is this child abuse and if so how can it be used to my advantage on above charges?

Answer:
Abuse is a mitigating factor that can be used to negotiate a better plea bargain with the prosecutor and argue for a more lenient sentence with the judge; however, it does not guarantee a better deal. Based upon the information provided, it’s best to consult with an experienced attorney to better explore your options and the resources available to juveniles. Given your age, the state has the discretion to charge you as an adult. Having worked in both the juvenile and adult court systems, I encourage you to turn your life around while you’re still young as the adult system is far less forgiving. Good luck.

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