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How to get a paraphernalia charge dismissed?

Fayetteville, AR |

The paraphernalia charge is a little baggie. In it was 0.9 grams of controlled substance. Is it difficult to get this charge thrown out? What contributing factors should I be aware of? Is it just up to the judge?
NOTE: first drug charge ever. Past charges all non violent.

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Attorney answers 4

Best Answer

Not sure if this is misd. or felony because you don't say. Either way, since you have some prior charges you'll need to make sure to tell your criminal defense attorney this. They need to figure out if you used the any first time offender acts for expungements. Paraphanelia is treated as a drug charge in some instances, and is not in others. It does not carry the mandatory license suspension that a marijuana charge does. Washington county is decent to work with. There are several decent criminal defense attorneys.

We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just speaking in general about the law in Arkansas and not your specific situation. I am not providing advice, I am just assessing a situation. If you are facing charges then it is serious, and you need to schedule a consultation with myself or another criminal defense attorney. My office is at


No attorney can ever make guarantees about the outcome of a case, but your best shot of fighting a charge begins with a consultation with an experienced criminal defense attorney who practices in the court where you have been charged. You can use Avvo's Find a Lawyer search tool to browse attorneys in your area.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.



I understand that there is no guarantee and that no lawyer will state a "how-to." I'm mainly curious about how much weight does the judge give to contributing factors? And in an attorney's experience, what could hurt or help this defense? If it is almost completely subjective, that'd be nice to know as well. :)


You need to hire a criminal defense attorney in your area to represent you. You have a prior criminal record that may impact a prosecutors offer. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


No attorney can answer your questions without knowing all of the facts and circumstances. We have to read all of the police reports and witness statements and determine whether there is even a possibility of moving to suppress or dismiss. That is one of the first tasks that an attorney has in a criminal case.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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