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  1. #1
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    Default Drug Paraphernalia Charge Second Time Maryland

    My question involves criminal law for the state of: maryland

    I was pulled over last night by police and the immediately pulled me out of the car and searched me and my car without permission. as a result of their search they found an empty baggie in my pocket and charged me with paraphernalia. this is my second paraphernalia charge, the last one was for rolling papers and i have not had my court date yet. i was wondering what the most likely charges would be and the best course of action i can take. I was also wondering if the way the police acted was legal and if it could be dropped?
    thanks

  2. #2
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    You haven't even gone to court on your first charge and you got charged again?

    I guess you didn't learn the first time.

    Personally, I would get a case of Soap on a Rope. If found guilty on the first charge (a misdemeanor) the second charge, if convicted, becomes a crime.

    Where were you when the police pulled you over, a suburban area/known drug area?

    Who were you with/dropping off/hanging around?

  3. #3
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    Quote Quoting Who'sThatGuy
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    You haven't even gone to court on your first charge and you got charged again?

    I guess you didn't learn the first time.

    Personally, I would get a case of Soap on a Rope. If found guilty on the first charge (a misdemeanor) the second charge, if convicted, becomes a crime.

    Where were you when the police pulled you over, a suburban area/known drug area?

    Who were you with/dropping off/hanging around?
    I was pulled over on campus at college. this happened at a time i wasn't even smoking i just had an empty bag in my pocket. i was by myself

    if my first citations court date is in a few weeks will they see that i received a second one as well?

    also i spoke briefly to a lawyer on the phone and he mentioned something about seeing if the prosecutor can look at these separate instances as one instead. does anyone know anything about that?

  4. #4
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    It's possible that they may miss the second arrest. But they will ask you if you have ever been convicted/plead to this charge before, you can legally answer no. On the unlikely event that they ask you if you have ever been arrested for this charge before, you should answer yes.

    Your problem lies when you attend the second hearing. The first conviction will show at this hearing.

    Are we talking about the same campus police arresting you twice on the same charge, or two different departments?

  5. #5
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    Quote Quoting Who'sThatGuy
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    It's possible that they may miss the second arrest. But they will ask you if you have ever been convicted/plead to this charge before, you can legally answer no. On the unlikely event that they ask you if you have ever been arrested for this charge before, you should answer yes.

    Your problem lies when you attend the second hearing. The first conviction will show at this hearing.

    Are we talking about the same campus police arresting you twice on the same charge, or two different departments?
    it was campus police both times. what would be my best course of action to take?

  6. #6
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    If the campus police arrested you both times then the court on the first appearance will know about the second arrest.

    I was going to say maybe your 4th amendment was violated if an officer had just pulled you over on campus and searched you for no reason but, the police know who you are and are aware that you are a user. This doesn't give them the right to search you out of the blue, but maybe something else caught the eye of the officer that gave him probable cause to search you? You will need an attorney to order discovery to see what the officer says. You weren't planing on going to court alone, were you?

  7. #7
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    Quote Quoting Who'sThatGuy
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    If the campus police arrested you both times then the court on the first appearance will know about the second arrest.

    I was going to say maybe your 4th amendment was violated if an officer had just pulled you over on campus and searched you for no reason but, the police know who you are and are aware that you are a user. This doesn't give them the right to search you out of the blue, but maybe something else caught the eye of the officer that gave him probable cause to search you? You will need an attorney to order discovery to see what the officer says. You weren't planing on going to court alone, were you?
    well when i originally only had one charge i was, but not anymore. is it possible to get a public defender? i dont know that i can afford an attorney right now.

  8. #8
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    You can not be arrested for simply just having rolling papers. They are completely legal.

  9. #9
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    Default Re: Drug Paraphernalia Charge Second Time Maryland

    Quote Quoting aj12
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    well when i originally only had one charge i was, but not anymore. is it possible to get a public defender? i dont know that i can afford an attorney right now.
    Absolutely you can get a public defender. Your first appearance in court for the first charge is only for you to plead not guilty or guilty. At this time you will plead not guilty and file an application for a public defender.

    If approved for the public defender, you need to let the public defender know about the second arrest once you meet.

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