Am I at a risk of getting locked up for a paraphanilia charge, it's my first charge ever,
The police found a pipe on me, and a Small bag of marijuana feet away from me, but told me he wouldn't bust me over a small amount of marijuana, I never said it was mine but he assumed it was. Will that be on the report given to the judge?
No, you are unlikely to be sentenced to jail time. Generally, a person convicted of a paraphernalia charge for the first time does not receive any time in jail. However, a conviction can affect your life in other ways, such as making it harder to get a job. It may be worth it to hire a lawyer and fight the charge. Depending on the circumstances of how the officer found the pipe, it may be possible to suppress the evidence against you.
A judge will have access to the police reports. Some officers write more details than others. Your best best to have a judge hear favorable evidence is to have your lawyer tell him or her.
You are unlikely to face jail time if you are convicted, but it is a possibility, especially if you don't comply with probation. But why be satisfied with that? You should get an experienced criminal defense attorney on board to help fight your case and keep that accusation from becoming a conviction! Good luck.
Per State v. Fox, mere proximity to drugs is not enough to convict. You can likely fight this case if you are willing to be aggressive with it and consider your criminal record to be important to you. On a first offense, it seems like you don't already have a lot of criminal history. It is probably worth defending your record.
Hire a good lawyer. You can probably get a plea in abeyance and not lose your license. There may be other issues that an experienced lawyer will be able to identify once they review the whole case to help you get a better deal or a dismissal, depending on the whole story. Good luck.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline