Possession with the intent to distribute or distrubution is a maximum of 5 years in prison. If you choose the plea bargain option, your attorney will negotiate a plea bargain deal with the Prosecuting Attorney, guide you through the entire court process, and appear in court with you if a court appearance is required. Alternatively, the officer might confiscate the drugs he or she has on hand and cite him or her for possession of drug paraphernalia. If the charge is dealing drug paraphernalia to a minor, your sentence could stretch up to six months. However, a charge of drug paraphernalia possession typically involves items like pipes (metal, wood, or glass), combustion devices, roach clips herb grinders, gas masks, weight scales, bongs, cans, vaporizers, tubes (for snorting drugs) or rolling paper. Possible Punishment to Possession of Drug Paraphernalia. I recently was charged with a first offense drug paraphernalia charge, along with DUI. If an individual goes to a head shop to buy a bong, he or she might not be in imminent danger of arrest. If you are convicted for possession of drug paraphernalia in Ohio, you will be charged with a fourth degree misdemeanor. A ticket for 10 grams or less of marijuana is NOT the same as a speeding ticket. Methamphetamine (also known as “crystal meth”) is a highly addictive drug. He would argue that the client wanted to buy a water pipe or rolling papers to consume tobacco or other legally-allowed substances.). Of course, if you’re facing a more serious drug charge and/or drug paraphernalia charge, it’s in your best interest to contact an experienced criminal defense attorney now. Contact criminal defense attorney Matthew Sharp today ». A repeat offender probably won’t get off as easily: second or third offenses for possessing drug paraphernalia may be upgraded to an increased penalty category that may include jail time. 2nd-time offense – 10 grams or less of marijuana: $2,000 fine & 1 year in jail. Houston, TX 77008, © 2021 SharpCriminalAttorney.com Houston Criminal Defense Lawyer. § 844(a)).Meth is a particularly dangerous drug, causing many health and safety problems in those who … A second offense is punishable a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. 1221 Studewood St Ste 110 3232 Clifton Avenue, #21686, St. Louis, MO 63139, Fight your Missouri marijuana or drug paraphernalia ticket by hiring an experienced attorney to get your drug charges dismissed or reduced to a lesser offense, such as “Littering.”. Additionally, it is unlawful to sell or advertise drug paraphernalia in Virginia. You may also be evicted from government-subsidized housing if you plead guilty to a marijuana or drug paraphernalia ticket. Most convenience stores and head shops post signs alerting customers to the fact that these products must be used with legal substances. First offense DUI and drug paraphernalia charge? 1st-time offense – drug paraphernalia: $500 fine & no jail time. Possession of 10 grams or less of marijuana or drug paraphernalia are still considered crimes, and if you plead guilty, you will end up with a drug conviction on your criminal record. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. How Drug Paraphernalia Conviction Affect Your Life. It is a serious crime to possess drug paraphernalia. Being charged with Misdemeanor Possession of Marijuana and/or Misdemeanor Drug Paraphernalia in North Carolina is more common than you may think. is 30 days in jail and a $500.00 fine. A first-time conviction for the charge is considered a state jail felony that’s punishable by fines up to $10,000 and 180 days – two years in state prison. If you give a minor drug paraphernalia, and you are three years older than they are, you can face up to two years in prison and a fine of up to $5,000. Texas is tough on drug users. McKeehan was charged with first-degree possession of a controlled substance, methamphetamine, first offense; possession of drug paraphernalia. Do you have any prior drug-related arrests, charges, or convictions? If you are charged with drug paraphernalia, will be looking at a misdemeanor offense with up to one year in prison and/or a fine of up to $2,500. If you or someone you love has been charged with possessing drug paraphernalia, reach out to an experienced criminal defense attorney in Houston now. Penalties may be elevated for persons caught selling drug paraphernalia to persons under age 18. A first-time offender caught with any type of drug paraphernalia items may face a Class C misdemeanor punishable by possible community service and a $500 fine. Rev. Possessing even a tiny amount of illegal drugs can mean significant fines and jail time. Title 18 of the Statutes of Pennsylvania Section 7508 describes drug charges and the penalties for those charges. Anyone could face drug paraphernalia charges for possessing everyday material such as pipes, plastic bags, syringes, scales, mirrors, and tinfoil, among others. A knowledgeable Texas criminal defense lawyer can help you to resolve the Class C citation by 1) dismissal, 2) acquittal, or 3) making the citation eligible for future expunction. One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. Some of the possible plea bargain deals your attorney could negotiate on your behalf include: Here is a list of the maximum potential penalties in Missouri for misdemeanor marijuana or drug paraphernalia tickets: *It is highly unlikely that you will face any jail time for possession of a small amount of weed or drug paraphernalia if you have an experienced attorney representing you. Possession of 11 to 35 grams of marijuana: $2,000 fine & 1 year in jail. Penalties for a First Offense of Drug Possession in Pennsylvania. Possession of drug paraphernalia is a serious offense (though it’s not as serious an offense as possessing or. Rolling papers are frequently used by people who roll their own cigarettes. Missouri Drug Paraphernalia Laws. Our practice is founded on the principle of combining the undivided attention of a small law firm with the full-service abilities of a large firm. Click Here to Receive Our Free Ebook. Many people facing a Class C misdemeanor charge may assume there’s no potential harm associated with paying a $500 fine. Possession of drug paraphernalia without an intent to sell is generally classified as a Class A misdemeanor in the state of Illinois, with the possible consequence of serving up to 1 year in jail. Did you confess to the police officer that you were in possession of marijuana or drug paraphernalia? The first involves “knowingly and intentionally using or possessing with intent to use drug paraphernalia.” This could include instruments that are used to manufacture or cultivate drugs as well as instruments used to administer drugs such as bongs, syringes, etc. Demarques Terell Senegal, 22, Lake Charles: Improper display of plates; no license; first offense possession of stolen firearms; possession of a schedule II drug; illegal carrying of weapons; possession of an illegal drug in the presence of a minor; possession of drug paraphernalia. This is a less serious charge. To fight your Missouri marijuana or drug paraphernalia ticket, call St. Louis marijuana attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected] for a free consultation and a flat-fee price quote for legal representation. According to Ohio's law, possessing drug abuse instruments (ORC 2925.12) is a second degree misdemeanor on a first conviction, which can lead to a 90 day sentence. Drug paraphernalia sales may lead to harsher charges: Consult Houston drug possession lawyer Matthew Sharp ». Additional offenses may lead to felony charges, punishable by 90 days – one year in a state prison or jail. Any amount of drug paraphernalia – The maximum penalty for first offense drug paraphernalia possession in Wisconsin of drug paraphernalia (pipe, bong, needle, etc.) He was charged on a Knox District Court bench warrant of arrest charging failure to appear in court on charges of first-degree possession of a controlled substance, methamphetamine, first offense and possession of marijuana. Possession of Drug Paraphernalia is charged as a class six (6) felony. Are you facing drug paraphernalia possession charges in Texas? If the accused case isn’t dismissed, and he or she doesn’t receive deferred adjudication probation, the offender will lose his or her driver’s license for 180 days (if over age 21). However, under Proposition 200 (i.e. She worked quickly and diligently and was able to negotiate an excellent result.”. Howard was charged with first-degree possession of controlled substance, methamphetamine, first offense; and possession of drug paraphernalia. The Law Office of Matthew D. Sharp is a criminal law firm built around the basic goal of achieving the most positive results for our Texas clients. For a charge of possession of marijuana, first offense, Iowa Code 124.401(5) provides that if it is charged as a serious misdemeanor, you’re facing a fine of up to $1000 and/or up to 6 months of jail time.. As with all criminal fines, a 35% surcharge applies. Paraphernalia. Boyd County Detention Center • Carey Banks, 35, of Rush, was booked Friday on a bench warrant, a first-degree meth trafficking charge (first offense) and a drug paraphernalia charge. Dismiss your marijuana or drug paraphernalia ticket after completion of a Diversion Program, Reduce your marijuana or drug paraphernalia ticket to a lesser offense, such as “Littering”, Dismiss your marijuana or drug paraphernalia ticket after completion of a drug education class and/or community service, Dismiss your marijuana or drug paraphernalia ticket after completion of a period of probation, 1st-time offense – 10 grams or less of marijuana:  $500 fine & no jail time, 1st-time offense – drug paraphernalia:  $500 fine & no jail time, 2nd-time offense – 10 grams or less of marijuana:  $2,000 fine & 1 year in jail, 2nd-time offense – drug paraphernalia:  $2,000 fine & 1 year in jail, Possession of 11 to 35 grams of marijuana:  $2,000 fine & 1 year in jail, Possession of 36 grams – 30kg is a felony:  $10,000 fine & 7 years in prison. Police officers often tell defendants that a marijuana or drug paraphernalia ticket is just like a speeding ticket, and all the defendant has to do is go to court and pay the fine. If the offender is less than 21 years of age, he or she may lose their Texas driver’s license for up to one year. If you were charged with possession marijuana the maximum is a year in jail. A conviction for a different controlled substance will trigger the second and subsequent language in the statute, which makes the new offense a felony. Marijuana possession of 30 grams or less by a first-time offender is a fine up to $250. Click here for more information about Missouri possession of controlled substances law. St. Louis, MO 63139, The choice of a lawyer is an important decision and should not be based solely upon advertisements. He will protect your legal rights. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000. In some scenarios, however, these items could be used to inject drugs. “Prop 200″) if convicted of a first or second non-violent possession or use of drug or drug paraphernalia offense, you cannot get prison or … If convicted, the defendant faces a $500 fine. This disclosure is required by rule of the Supreme Court of Missouri. That’s an even greater penalty than marijuana possession. • Victor Stafford, 50, Richmond, first-degree possession of a controlled substance (methamphetamine/first offense), buying or possession of drug paraphernalia. and Andrea will respond promptly with a price quote and an estimate of your fines and court costs. Drug paraphernalia possession in Mississippi is a misdemeanor with a punishment of up to six months in jail and a fine of $500. Please read the Terms and Conditions.Formerly leadfootspeedingticket.com, © 2017 The Rogers Law Firm, LLC All Rights Reserved, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Missouri possession of controlled substances law, Drug Possession Charges Reduced in Missouri. Drug Paraphernalia Counts A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. Drug Paraphernalia Laws in Virginia. The judge might agree to accept a plea deal, providing the accused with the chance to plead guilty to a drug paraphernalia charge—instead of a. However, if he or she is pulled over at a traffic stop and the officer sees the bong, it’s up to the officer to determine whether or not this is drug paraphernalia. Mo. Probation. Drug paraphernalia may include items legally purchased at a smoke shop or common household items such as bowls, spoons, scoops, syringes, paper clips, weight scales, and bags. Simply having drug paraphernalia in your possession is enough to be charged with a drug crime. A lighter or spoon in the accused’s pocket might appear harmless. As a first offender the penalty for paraphernalia is up to $500.00. The arrest of William Ray Howard, 47, of Texas, came around 1:26 a.m. at a business off U.S. 25, two miles north of London. If an individual is charged with illegal possession of drug paraphernalia, he or she is believed to have cultivated, planted, concealed, manufactured, produced, stored, grown, compounded, tested, harvested, packed, propagated, repackaged, or contained any controlled substance. If convicted, the offender will serve a sentence in state jail. You can be arrested for possession of drug paraphernalia in Texas. Stat. A large amount of cash may suggest that the accused was selling drugs and/or drug paraphernalia to others. The Texas Controlled Substances Act allows law enforcement to consider almost anything as drug paraphernalia if it enabled him or her to use drugs or distribute them to others. In contrast, a repeat offender might be required to face both drug possession and drug paraphernalia charges if the judge wants to show his or her displeasure. Re: First Offense Drug Possession and Paraphernalia in Pa First time Possesion in Pennsylvania is a 6 month license suspension. Learn How an Attorney Can Help Your Case. Howard was taken to the Laurel County Correctional Center. In all Texas cities, smoke shops or head shops sell water pipes, rolling paper, or vaporizers to anyone wishing to purchase them: A water pipe is often used to smoke tobacco or aromatic herbs (legal substances). “Andrea was very prompt and professional throughout the entire process.”, “This was my first time needing a lawyer and Andrea exceeded all my expectations.”, “Andrea is an excellent communicator. A first offense for delivery or sale carries the same maximum penalty as possession, but rises substantially if it was sold to a minor 3 years younger than the defendant. Penalties for Possession of Drug Paraphernalia in Ohio. A simple charge of drug paraphernalia possession is a Class C misdemeanor. Penalty for Possession of Drug Paraphernalia in Ohio. The outcome of your case depends on many factors, including the following: Most criminal defense attorneys offer a free consultation, in which they will discuss your case and help you determine whether you should go to trial or negotiate a plea bargain deal to get your marijuana or drug paraphernalia ticket dismissed or reduced to a lesser offense, such as “Littering.”. I know this was a horrible thing, and I am out on bail, but I’m trying to see when my court date comes up, what to expect. § 579.074 provides that individuals commit the offense of unlawful possession of drug paraphernalia when they knowingly use or intend to use drug paraphernalia for the purposes of creating or introducing a controlled substance or an imitation controlled substance into the body.. (Imagine that experienced criminal defense lawyer defending a client arrested in a head shop. It may be tempting to plead guilty and pay the $150 fine for a marijuana or drug paraphernalia ticket you received at a concert in Maryland Heights (for example) instead of hiring a lawyer to get you a better deal. The decision to prosecute a drug paraphernalia charge may fall into a legal gray zone. In addition to other drug use or possession crimes, possession of drug paraphernalia is a separate criminal charge. A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more. Different charges may be used against the person accused of possessing drug paraphernalia: Possession of drug paraphernalia charges may result in suspension of the defendant’s Texas driver’s license. Drug paraphernalia is a very broadly defined term and can include many household items, if drugs were thought to be used in conjunction with or stored inside or transported in that item. If it’s your first offense, and you are found guilty, you can be sentenced to up to one year in prison and/or fined up to $2,500.
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