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How bad is a drug paraphernalia charge and should an attorney be hired?
Anonymous10 views4 answers
My 18-year old charged after "bowl" found in car of her friend; she claims it belonged to (underage) friend and was in his physical possession; however, sheriff deputy reported she stated it was hers, in her purse, and she had taken it out of purse to give to friend to "hide". This makes no sense to me, esp. if it was concealed in purse and also, she admitted using the bowl previously, so if gonna tell truth about drug use, why lie about the bowl (to me)? She met with prosecutor and he believes she is guilty; she has a month (half over) to decide if she will plead out or fight. People tell us this charge is not a big deal; prosecutor told her she can expunge it in a year. Does this mean no one will be able to see it? What does this mean if she pursues the military? College? Jobs?
I do not practice in Ohio, but the question gets asked if every state. Should an innocent person plead guilty because its more convenient, cheaper, and less hassle. I have observed the results many times when years later clients come to me to cry about what mistakes they made as youths. Best advice, speak with a local criminal attorney. Ask him if this is a plea to a crime or not. Ask him whether this plea eventually gets vacated or whether the plea is there for eternity.
A drug paraphernalia charge in Ohio is a minor misdemeanor and carries a maximum fine of $150. It can be expunged and while this might not sound like much at first, it also carries a drivers license suspension as well as an impact on certain jobs and federal student aid. I would suggest talking with a local defense attorney to see what your options may be. It is not always purely an issue of guilt or innocence it can also be an issue of what can be negotiated with the prosecutor or what programs the court has available.
Seems she should be able to be placed in an alternative program. Something that amounts to an administrative discharge, for example "under advisement." This is where she would do probation for a short time and upon its successful completion the charge itself is dropped and her record is wiped clean; fingerprints returned and so on.
If this was filed in Toledo Municipal Court under the city code section, it would be a fourth degree misdemeanor, punishable by up to 30 days in jail and a $250 fine. It could be eligible for expungment one year after any probationary period has ended, but that depends on her record, and whether or not she gets into any other trouble during that one year waiting period. Certain jobs can access sealed records, so contact a local attorney to protect her rights, and get a resolution that she is comfortable with, and one that you don't have any unanswered questions about.
