Paraphernalia Charge in Nebraska

My question involves criminal law for the state of: Nebraska

Last night me and my friend were smoking marijuana in his dorm room on the University of Nebraska-Lincoln campus. This is the first time we had done this and we were caught by four police officers. They walked in and asked where the weed was, we said we had none. She then searched the room and found my friends bag of marijuana and a pipe. The pipe was mine, but the weed belonged to my friend so he got charged with possesion (under an ounce) and I got possesion of drug parafernalia only. I never verbally admitted to smoking any and remained quiet the entire time.

I have a few questions:
1) What website can I go to to read about Nebraskas policy on drug parif.?
2) I know about diversion, but what is pre-trial diversion and why would I do it?
3) I have an arranged court date, but do I need to go? My ticket says that I can plead guilty, pay the fine, and not show up on on the court date.
4) Does diversion totally take the charge off my record?
5) What is the difference between a civil citation and a misdemeanor?

Sorry for the long list of questions. I would appreciate any help.

I was in practically the same situation a couple years ago...only in North Carolina. If the states are at all similar, pre-trial diversion is the equivalent of taking an education class, doing some sort of community service, submitting to drug tests for a year, and an eventual expunction of your record. Possession's decriminalized in NC. I don't know about Nebraska. Also, you must pay, pay, pay. It's a scam, really.

Do a simple Google search: Nebraska criminal code, pre-trial diversion for misdemeanor paraphernalia charge, etc. Or wait for some one who knows to respond to this thread. I ended up getting a lawyer, and he set everything up for me.

Something else you might have to worry about is the University's Honor Code (if you are a student). Universities do not usually take criminal charges lightly, and the school will definitely find out about it. The University's housing authority will probably also have rules as to possession of illegal drugs and paraphernalia (if you are a student living in campus housing).

Basically, getting caught in an university dorm smoking weed is a three-fold headache---and it's not double (or triple) jeopardy either. Three different levels of bureaucracy will have their way with you.

The legal age to be considered an adult in Nebraska is 19 and I am only 18. If I just pay the fine and choose not to do diversion, will this be off my record when I turn 19? I have not been able to find any websites that tell me about this.

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Quoting bwilson073

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The legal age to be considered an adult in Nebraska is 19 and I am only 18. If I just pay the fine and choose not to do diversion, will this be off my record when I turn 19? I have not been able to find any websites that tell me about this.

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I would start here...

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43-247. Juvenile court; jurisdiction.
The juvenile court shall have exclusive original jurisdiction as to any juvenile defined in subdivision (1) of this section who is under the age of sixteen, as to any juvenile defined in subdivision (3) of this section, and as to the parties and proceedings provided in subdivisions (5), (6), and (8) of this section. As used in this section, all references to the juvenile's age shall be the age at the time the act which occasioned the juvenile court action occurred. The juvenile court shall have concurrent original jurisdiction with the district court as to any juvenile defined in subdivision (2) of this section. The juvenile court shall have concurrent original jurisdiction with the district court and county court as to any juvenile defined in subdivision (1) of this section who is age sixteen or seventeen, any juvenile defined in subdivision (4) of this section, and any proceeding under subdivision (7) or (11) of this section. The juvenile court shall have concurrent original jurisdiction with the county court as to any proceeding under subdivision (9) or (10) of this section. Notwithstanding any disposition entered by the juvenile court under the Nebraska Juvenile Code, the juvenile court's jurisdiction over any individual adjudged to be within the provisions of this section shall continue until the individual reaches the age of majority or the court otherwise discharges the individual from its jurisdiction.

The juvenile court in each county as herein provided shall have jurisdiction of:

(1) Any juvenile who has committed an act other than a traffic offense which would constitute a misdemeanor or an infraction under the laws of this state, or violation of a city or village ordinance;

(2) Any juvenile who has committed an act which would constitute a felony under the laws of this state;

(3) Any juvenile (a) who is homeless or destitute, or without proper support through no fault of his or her parent, guardian, or custodian; who is abandoned by his or her parent, guardian, or custodian; who lacks proper parental care by reason of the fault or habits of his or her parent, guardian, or custodian; whose parent, guardian, or custodian neglects or refuses to provide proper or necessary subsistence, education, or other care necessary for the health, morals, or well-being of such juvenile; whose parent, guardian, or custodian is unable to provide or neglects or refuses to provide special care made necessary by the mental condition of the juvenile; or who is in a situation or engages in an occupation dangerous to life or limb or injurious to the health or morals of such juvenile, (b) who, by reason of being wayward or habitually disobedient, is uncontrolled by his or her parent, guardian, or custodian; who deports himself or herself so as to injure or endanger seriously the morals or health of himself, herself, or others; or who is habitually truant from home or school, or (c) who is mentally ill and dangerous as defined in section 71-908;

(4) Any juvenile who has committed an act which would constitute a traffic offense as defined in section 43-245;

(5) The parent, guardian, or custodian of any juvenile described in this section;

(6) The proceedings for termination of parental rights as provided in the Nebraska Juvenile Code;

(7) The proceedings for termination of parental rights as provided in section 42-364;

(8) Any juvenile who has been voluntarily relinquished, pursuant to section 43-106.01, to the Department of Health and Human Services or any child placement agency licensed by the Department of Health and Human Services;

(9) Any juvenile who was a ward of the juvenile court at the inception of his or her guardianship and whose guardianship has been disrupted or terminated;

(10) The adoption or guardianship proceedings for a child over which the juvenile court already has jurisdiction under another provision of the Nebraska Juvenile Code; and

(11) The paternity or custody determination for a child over which the juvenile court already has jurisdiction.

Notwithstanding the provisions of the Nebraska Juvenile Code, the determination of jurisdiction over any Indian child as defined in section 43-1503 shall be subject to the Nebraska Indian Child Welfare Act; and the district court shall have exclusive jurisdiction in proceedings brought pursuant to section 71-510.

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I read through this and did not find anything that said charges will be removed at 19. Is there anything else anyone knows about that I can look at?

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Quoting bwilson073

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I read through this and did not find anything that said charges will be removed at 19. Is there anything else anyone knows about that I can look at?

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That is because it isn't in there.

In other words, you or your attorney will have to ask the judge.

The above poster was correct, by the way... your chances of getting kicked out of university housing are excellent.