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  1. #1
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    Default Possession of Drug Paraphanalia in Minnesota

    Hello, i recently was pulled over and received a citation for speeding and the possession of drug paraphanalia when the officer found a pipe. No marajuana was found besides the pipe. My court date is for next month and i am 18. I live in minnesota and the offense statute number is 152.092. Any information i can get about what may happen or input on what i can do please?

  2. #2
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    Quote Quoting knigsr
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    Hello, i recently was pulled over and received a citation for speeding and the possession of drug paraphanalia when the officer found a pipe. No marajuana was found besides the pipe. My court date is for next month and i am 18. I live in minnesota and the offense statute number is 152.092. Any information i can get about what may happen or input on what i can do please?
    152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.
    It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.

    You didn't mention which county this took place, but you will find information on petty misdemeanors below:

    http://www.co.washington.mn.us/info_..._misdemeanors/

  3. #3
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    it took place in dakota county

  4. #4
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    Quote Quoting knigsr
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    it took place in dakota county
    http://www.courts.state.mn.us/district/1/?page=1316

  5. #5
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    thanks for the reply happy feet,
    also iono if anyone can answer this besides the court, but since it is my first offense ever is there any chances for me to do or receive somthing else besides getting convicted because im in school and this affects loans...i made a mistake and am willing to live with it i just want to know what may happen

  6. #6
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    Standard answer

    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

    Bathe and wash your hair.

    Do not bring small children or your friends.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

    From marbol:

    “Judge...

    You forgot the one thing that I've seen that seems to frizz up most judges these days:

    If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

    If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

    Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

    (Better yet, don’t carry your cell phone into the courtroom.)”


    Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

    3. I’ve got a job/military posting in [name a place five hundred miles away].

    4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

    5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

    6. I was influenced by a bad crowd.

    http://forum.freeadvice.com/showthre...687#post854687

    Public defender’s advice

    http://newyork.craigslist.org/about/.../70300494.html


    Other people may give you other advice; stand by.

  7. #7
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    Quote Quoting knigsr
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    thanks for the reply happy feet,
    also iono if anyone can answer this besides the court, but since it is my first offense ever is there any chances for me to do or receive somthing else besides getting convicted because im in school and this affects loans...i made a mistake and am willing to live with it i just want to know what may happen
    Your court date is an arraignment. You will be advised of your legal rights. The petty misdemeanor charge, if you plead guilty, is punishable only by a fine. It is not considered a crime.

    609.02 DEFINITIONS.
    Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine.

    Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.
    As to the issue of pleading guilty to the offense, it will not have an affect on your student loans if they are acquired through FAFSA. The question on the FAFSA has changed. (See link below and answer the questions.)

    http://www.fafsa.ed.gov/FOTWWebApp/f...let?wstype=Q31

    Side note: Stop doing drugs, as you can see it isn't worth it.

    You can also consider getting a free consultion with a lawyer and see if it is worth fighting.

    ------------


    I also wanted to add:
    I just reviewed another county's court report and ran a search for drug paraphernalia charges, and in the last 10 months only one person was fined for it (and he/she plead guilty). All the others had it dismissed by pleading guilty to another type of charge. This is something you should check into.

    You can run a similar search if you know where the Dakota county court publishes their court reports. I don't know if Dakota county is as lenient on this charge as the one I reviewed.

  8. #8
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    Default Re: Possession of Drug Paraphanalia in Minnesota

    thanks again happytrails, yes i do know that is wasnt worth anything and regret ever being associated with it and ill have to live with it but wouldnt the charge of possession of drug paraphanalia be a yes to question 31 of the fafsa?

  9. #9
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    Default FAFSA Question 31 & Drug Paraphernalia

    Question 31 relates to convictions "under federal or state law for possession of or sale of illegal drugs". It does not appear to extend to paraphernalia. Work through the official worksheet on the FAFSA site.

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