If I was charged with possession of paraphenalia but have no priors, what might I expect as a penalty?

Asked on February 6, 2013 under Criminal Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your question notes that you are out of Indiana.  If your charge was also out of Indiana, you will have an opportunity to participate in a conditional discharge program pursuant to I.C. 35-48-4-12.  Essentially, you are placed on an informal probation and if you successfully comply with all of the terms of your probation, the charges against you will be dismissed.  This is a provision in the law for first time offenders.  Usually, this is a one shot deal.  This means that if you get this opportunity to clear your record, you may not get it again should you ever be rearrested.

If you fail to comply with the terms of your informal probation, then the judge can revoke your probation and place you in jail for up to one year or place you on a regular probation that will not result in a dismissal on completion.  As a practical matter, many defendants are placed on probation.

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