I was pulled over for a licence plate light and received a " Possession Of Drug Paraphernalia" charge. What is the penalty?

Asked over 1 year ago - Gilbert, AZ

I was pulled over for a license plate light and was told to step out of my vehicle, he opened my door, brought me out of the car, searched me, searched my friends, searched my car, and found a Marijuana pipe in my car under the seat. I was not arrested but received a possession of drug paraphernalia charge. What is the penalty for this and is there any way to get it off of my record?

Attorney answers (2)

  1. Craig S Orent

    Pro

    Contributor Level 16

    Answered . You could have been charged with a felony but the prosecutor thus far has elected to charge you with a misdemeanor, which carries a possible penalty of 6 months in jail and a $2500 fine. However, if you are prop 200 eligible you will get probation, and if otherwise eligible diversion which could result in you having no record. Consult an attorney directly so he/she can learn all of your circumstances and properly advise you.........

  2. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It looks as if probation is the most likely outcome. It is highly advisable to hire an attorney. They can determine if the search was illegal, which would enable the evidence to be suppressed. There appears to be serious questions about why they conducted a search. There may be other issues with the case that can be seen when reviewing the case in full. If all else fails and you are eligible for a diversionary type of program, they may be able to get you into that. Good Luck.

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