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First Time Offense, Possession of Drugs and Paraphenalia

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  • 03-18-2013, 03:48 PM
    Egregore
    First Time Offense, Possession of Drugs and Paraphenalia
    My question involves criminal law for the state of: Maryland

    About a week ago I had stopped in a parking lot to roll a cigarillo. I do not drink, and this was my way of celebrating a successful end to dress rehearsals; I know this does not matter, but hopefully this sounds better to whomever reads this than "me and some buddies were smoking dope in my mom's basement." A few minutes in to rolling, two people approached my car. I assumed they were officers (they were undercover). I sat the cigarillo down, they pulled me from the car (I said "You got me" and then immediately told them where the rest of my marijuana was and that I had a small pocket knife attached to my back pack. The bad cop searched my car while the good cop gave me a quick pat, then we talked about how out of place I looked, my school, the play I'm in/general conversation. Bad cop stepped away from my car and told me to pick heads or tails. He made me go 2/3, I won. I was never placed in handcuffs, though I am aware that simply being charged with paraphenalia possession and then released is still considered an "arrest." I had 2.3g of marijuana in a blank prescription pill bottle and a bowl that had been used to smoke marijuana. I was very cooperative and they released me, saying to expect a summons in a month or two. This all took place in Baltimore county.

    I plan to apply for a public defender -- I am in school full-time and work part-time during the semester and full-time outside the demands of school. I think my <250$ paychecks and very meager bank account (~500$, which I am saving in the event I get fined) would do well to help me secure public assistance, but you gentlemen are the experts. My question is, given that this is my first time offense, (for anything, ever... not counting one or two speeding tickets, a few parking citations, and a missed toll here and there) should I begin to prepare for a year in jail, or is that outcome fairly unlikely? I ask because, if so, I will need to consolidate my student loans and pay off the one in my father's name so that he doesn't get stuck with it. Second, will my conversation with good cop be submitted as evidence to the court? I received the summons just a few hours ago. I've looked through other threads, and think I've pinned down all the information anyone answering my questions might need.

    I would note that I have not since ingested any illegal substances, and plan to offer a voluntary drug test to prove this fact. I am 24, if that matters. I am fully aware that I was in the wrong and do not seek to place blame on none but myself.

    Thank you, and I am awfully sorry for having to bother you.
  • 03-18-2013, 05:45 PM
    tc498
    Re: First Time Offense, Possession <10g and Paraphenalia
    Jail time is very unlikely,ask if a diversion program to avoid a criminal conviction is available. Chances are you are gonna have to pay a fine and maybe some community service. Since you got 2 charges the fine might be a big amt,ironical " me and some buddies smoking in your moms basement is more discrete and safe,lol. Also ask the lawyer if your stuck with a misdmeanor conviction can it be sealed or expunged in the future.
  • 03-18-2013, 08:53 PM
    Egregore
    Re: First Time Offense, Possession <10g and Paraphenalia
    Quote:

    Quoting tc498
    View Post
    Jail time is very unlikely,ask if a diversion program to avoid a criminal conviction is available. Chances are you are gonna have to pay a fine and maybe some community service. Since you got 2 charges the fine might be a big amt,ironical " me and some buddies smoking in your moms basement is more discrete and safe,lol. Also ask the lawyer if your stuck with a misdmeanor conviction can it be sealed or expunged in the future.

    Ha! If I don't have the full $1000 I guess the only option is jail? Well if those are my options...
  • 03-23-2013, 06:20 AM
    tc498
    Re: First Time Offense, Possession <10g and Paraphenalia
    They should give you time and it's not certain they will hit with the max fine fine.
  • 03-25-2013, 12:21 PM
    Egregore
    Re: First Time Offense, Possession <10g and Paraphenalia
    Just got a letter saying they were gonna give me diversion. Problem solved, thanks tc498.
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