Random drug search at my high school , Oder of marijuana came from my car and k9 smelt it , they found nothing in my car but a Oder, I was cooperating with the police and told them I had smoked , I emptied my pockets and there was a lighter and now they want to charge me with paraphernalia and give me diversion or probation, is it possible to plead not guilty against a lighter since it can be used for anything else, and I did not confess to using the lighter for drugs, I do smoke cigarettes too but I didn’t tell them that , I am a minor, 16 years old , and I’m still waiting for my summons to appear in court
It may be possible. Your admission to law enforcement if having smoked (marijuana, I assume), is going to be difficult for your defense attorney to get past. It’s generally not a good idea to admit to crimes, even crimes in the past. That said, it is still just a lighter and it could have been in your car from camping or lighting a bonfire or whatever. You should either ask for a public defender or hire private counsel when you receive your summons and appear in court.
My comments are intended as a general discussion of a potential legal issue, discussed in the abstract, and should not be relied upon for real-world application. Legal issues are very fact-specific and anyone with a legal issue should consult with an attorney who practices in the applicable area of law.
I am sorry you find yourself in this situation. As they say constantly on television and in movies: "What you say can and will be used against you." Unfortunately, the odor of marijuana means it was recently smoked. Your admission to smoking marijuana means you needed to have a method of lighting it. The definition of "drug paraphernalia" in Idaho law includes "all equipment....used, intended for use, or designated for use ... Inhaling, or otherwise introducing into the human body a controlled substance."
You need an attorney.
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