What penalties do I face on first offense for Possession of Drug Paraphernalia charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What penalties do I face on first offense for Possession of Drug Paraphernalia charge?
I was arrested for a pipe I had in my car and charged for it. I was not charged with a DUI or Possession of any drugs. It is a Class A Misdemeanor and I have never had anything on my record. I’m 20, in school, and working. I was wondering what penalties are common. Also, they did not tell me my Miranda rights, any advantages? I am looking for an answer and not something broad or suggesting me to contact a local lawyer. Also, am I fine with a public defender or do I need an attorney? And how do I get a Public Defender?
Asked on March 24, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that you consult with a criminal defense attorney with respect to the criminal matter that you are writing about, be it a private defense attorney or a public defender.
If you made any incriminating statements sans the reading of your Miranda rights, such statements could be possibly supressed through a successful motion, but that still leaves the issue of the possession of the drug paraphernalia in and of itself and how that was discovered by law enforcement.
The pipe sans any contraband is not too serious of an offense based on my experience. Most likely if you were in California and plead guilty to the charge, you would pay a fine and be placed on court probation for six months or so. If successful, the court would then dismiss the charges and you would have nothing on your record for the charge you are writing about.
I suggest that the above may be an acceptable plea deal for you assuming the prosecution is willing to go with it. To get a public defender in place, I would go down to the public defender's office and submit the required paperwork to see if you qualify for its services.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.