If my daughter needs to appear in court for possesion of drug paraphernalia in another state, is there anyway that she can avoid going to court?

The reason is I would need to take her along with her 2 small children. Also, do you know what the penalty will be?

Asked on March 29, 2014 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) It's unlikely that she can avoid going to court: even if the mattered is settled ahead of time, with a mutually agreeable plea deal, it's almost certain that your daughter would have to appear in court to answer some formal questions of the judge and testify that she understands and is accepting the deal.

2) The penalty can vary. First, which state this occured in matters, since each state has its own penal law. Second, the amount and type of the paraphenalia, plus the circumstances surrounding her use and arrest will impact the possible penalty. Third, if there is a deal, that will itself modify. She could face anything up to more than a year in prison.

3) Your daughter should retain a criminal defense attorney in the city in which she would have to appear to help her with this case. Experienced criminal defense counsel will greatly increase her chance of a favorable outcome.


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