What to do if I was recently arrested for the first time for possession of paraphernalia?

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What to do if I was recently arrested for the first time for possession of paraphernalia?

I am 18 and it is my first offense, civil or criminal. The officers on the scene said they can guarantee the fine but nothing else. I have court in a few days and I’m not sure what to do. I’m curious as to what could happen to me and what I can do?  

Asked on October 8, 2011 under Criminal Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) The officers can *NOT* guarantee you a fine but nothing else--they don't have the power to do this. Even the prosecutor cannot absolutely guarantee it, though he/she has much more influence, since he or she chooses what to charge you with, and could select charges with lesser punishment. The fact is, it's the judge who decides, within the parameters for the charges you are faced with, what punishment you will get, and no one else can guaranty anything, though they can make recommendations and possibly influence what happens.

2) You could face jail time. The exact amount will depend on precisely what you end up charged with.

3) You should get a criminal defense attorney to represent you; that will maximize your chance of getting the case dismissed or a minimal punishment. Don't speak to the authorities until and unless you talk to your lawyer.


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.

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