How should I plead so that I can get court supervision on my drug paraphenalia charge if I haven’t gotten in trouble before?

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How should I plead so that I can get court supervision on my drug paraphenalia charge if I haven’t gotten in trouble before?

Asked on December 25, 2012 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You really should have an attorney help you with this. However, if you are unable to hire/be appointed legal counsel, you can ask the prosecutor for something known as "diversion" (or your state's equivalent). This is an alternative sentencing remedy available only to first-time offenders. Pursuant to a diversion, you will enter a plea of guiilty, serve a special probation, and upon its competion have your plea withdrawn and the case dismissed. You will be left with a clear criminal history record.

However, if you should ever have a subsequent arrest, diversion will not be available to you (since you will no longer be a first-time offender). Consequently, if you hire a lawyer who can get the charge dismissed (on a technicality, etc.), you would be able to arrange for a diversion in the future if you should ever need it.


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