I have a charge for paraphernalia how much would I have to pay after court?

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My tire blew out on the interstate and a cop asked what was going on. He said smelled pot in my so they searched. I told them were everything was and they still brought the k9 and damaged my car. they only found paraphernalia in the trunk no drugs without any help of the dog. What do you think the outcome will be?

Attorney Answers

3
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You need an experienced attorney in KY to properly prepare your legal defense, review the stop for potential Motions to suppress evidence and other factors. No one on is able to predict a legal outcome of the case without working the actual case and knowing all relevant facts.
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Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
Possession of drug paraphernalia is a class A misdemeanor that carries a penalty of up to 365 days in jail and/or a fine up to $500.00, plus court costs of approximately $135.00. This is a criminal offense and you need to hire a competent criminal defense attorney to represent you. The governing Kentucky statute is set out below: § 218A.500. Definitions for KRS 218A.500 and 218A.510 - Unlawful practices -Penalties. Kentucky Revised Statutes Title 18. PUBLIC HEALTH Chapter 218A. CONTROLLED SUBSTANCES Drug Paraphernalia Current through 2011 Legislative Session § 218A.500. Definitions for KRS 218A.500 and 218A.510 - Unlawful practices -Penalties As used in this section and KRS 218A.510: (1) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to: (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances; (e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; (h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and (l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. (2) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, pac
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Michael Bouldin ·
Paraphernalia is a Class A misdemeanor. Hire a local criminal defense attorney to assist. You may have a valid defense to the case, since it is unusual to have paraphernalia without any drugs. Furthermore, if it is a first offense, you may be permitted (with approval from the prosecutor and the Judge) to enter into a diversion program which would allow the case to ultimately be dismissed and expunged. Such a program is only available to first time, non-violent misdemeanor charges. Generally a charge of this type will require attendance at a marijuana or other substance abuse class as well as community service. An attorney can not only try to get you into the program but also guide you through the process.
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