It is up to the prosecutor to drop the charges. The prosecutor most likely will only do that if he or she believes the pipe was not yours. If the owner confesses, that might be enough to get the prosecutor to drop the charges.
If that doesn't happen, you may have to take your case to trial and have your friend testify that the pipe was not yours. The state will have to show, beyond a reasonable doubt, that the pipe was yours or in your possession. If they fail to do that, the court will find you not guilty.
Possession of drug paraphernalia is a class 6 felony, although many prosecutors will knock it down to a class 1 misdemeanor. If this is your first charge, you will likely be given probation.
You should not attempt to handle these charges on your own. You should either use the court appointed public defender or you should hire your own attorney. An attorney will be able to review the facts of your case and offer you better advice on what you can do. There could be additional facts in your case that he or she can use to help get the prosecutor to dismiss the charges.
The worst you could do is 2 years in prison. But, if this is your first drug charge and you have no other priors it will most likely fall under Proposition 200. You case will likely be pled down to a misdemeanor or diversion will be offered to you. If the drug charge did not involve meth, you have no criminal history or violent past you cannot go to jai and will most likely get probation.
Criminal & DUI Defense Attorney
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
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