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 8 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.

 


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