I was cited with a ticket for paraphenalia in ohio what should i plead?

No contest is essentially a guilty plea that cannot be used against you in civil proceedings, so it's probably better than just straight guilty. You should remember that the government has the burden of proof at trial and you have every right to plead innocent and make them prove you are guilty. Sometimes even the government fails when put to the test.

Your best option is to plead NOT GUILTY. A plea of No Contest is essentially the same as pleading Guilty. It just prevents someone from using the plea against you in a civil lawsuit (highly unlikely). Additionally, if you plead No Contest, someone will have to read the facts aloud in open court (probably before a large audience).

What you need to know it that Drug Paraphernalia is a Misdemeanor 4 in Ohio and carries a potential sentence of 30 days in jail and a $250 fine (plus court costs). Most judges or magistrates will not jail you on a first offense. However, this charge carries a MANDATORY suspension of your driver's license for a minimum of 6 months and a maximum of 3 years, regardless of whether a vehicle was involved.

Many courts offer a diversion program, where the charge is erased from your record if you successfully complete their program (usually lasting 6-12 months). The license suspension can also be avoided by negotiating a plea to a different or lesser charge NOT requiring a license suspension.

Other factors that need to be considered are (1) whether a Guilty or No Contest plea would be used as a basis to evict you from your apartment, and (2) whteher you can live with a drug charge on your record for the rest of your life. The charge itself MAY be expungable, but any record searcher will still see the accompanying license suspension on your driving record, which will probably be viewable for the remainder of your life.

The best course of action would be to plead Not Guilty and plea bargain your way through the process (with a lawyer if you can afford one) to avoid the harsh consequences. More information is available on our website.

Dan J. Weisenburger
Attorney at Law

www.Ohio CrimeLawyer.com