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  1. #1
    Join Date
    Feb 2014
    Posts
    2

    Default Caught in Possession of Drug Paraphernalia

    My question involves criminal law for the state of: Colorado

    Back in November of 2013, I got a drug paraphernalia charge for initially failing to signal on a turn while driving. I was with a friend at the time, and even though we hadn't been using drugs that night, unfortunately he got a paraphernalia charge as well simply because I had it in my car. Here is a terse rundown of what happened and the involved details:

    • The paraphernalia (a "hash pipe" and its glass heating rod) was behind the driver's seat and contained a small amount of heroin residue
    • The officer asked me to step out of the vehicle and asked for my consent to a pat down search, which I granted him while his partner talked to my friend in the passenger seat
    • Neither my friend nor myself were in possession of any illegal substances or items, neither on our persons nor in the car (aside from the paraphernalia)
    • I did not consent to a vehicular search, though the officer did run a K-9 around the outside of the car and ultimately searched the interior; presumably because the pipe was in plain view
    • Officer found the pipe as well as a soldering torch, an unrelated bottle cap, as well as a few unrelated pieces of torn plastic black garbage bag that he referred to as "corner baggies"; all items were confiscated as paraphernalia and further evidence
    • I admitted that the residue in the pipe was heroin; officer said that if I ratted on my dealer and he was caught, that he would drop my tickets--Aside from the fact that I'm not a snitch, I didn't believe him for a second anyway, but I gave him what little information I knew, including a two-letter alias and his phone number with one digit changed for the sake of compliance
    • As expected, nothing came up, so my friend and I both received tickets for municipal court only.


    I was advised to get a lawyer, and in turn, advised my friend to get a lawyer as well. Fortunately for my friend, he was able to afford one--I was not. However, in speaking to my (at the time, would-be) lawyer, he told me that because it was a municipal court ticket, that we were really cut a lucky break, and that the charges would more than likely be eventually expunged. Any charges that weren't would be very small misdemeanors, and that he was more concerned about points taken off my license.

    In any event, how would you recommend that I approach the judge? My lawyer said that I could fairly easily handle the case by my own defense, so how would you recommend doing this? Is there anything I can say or do to lessen penalties? My biggest concern is the potential of probation/having to pay for UA's or monitoring classes, and of course, having a drug-related blemish on my otherwise spotless legal record....

    Thank you,

    ~Alphonso

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Caught in Possession of Drug Paraphernalia

    Well, I doubt that there are any issues with the search that might get the confiscated items ruled inadmissible. From what you have provided, it looks like a good search to me. Besides, if there were any search issues, it seems likely that either that lawyer you spoke with or your “friend’s” lawyer would have already brought it up.

    But, from what I’m finding, it doesn’t look like you have much to worry about anyway. I presume you were charged with CRS 18-18-428. From what I’m finding, that only carries a penalty of $100 fine.

  3. #3
    Join Date
    Feb 2014
    Posts
    2

    Default Re: Caught in Possession of Drug Paraphernalia

    Quote Quoting PTPD22
    View Post
    Well, I doubt that there are any issues with the search that might get the confiscated items ruled inadmissible. From what you have provided, it looks like a good search to me. Besides, if there were any search issues, it seems likely that either that lawyer you spoke with or your “friend’s” lawyer would have already brought it up.

    But, from what I’m finding, it doesn’t look like you have much to worry about anyway. I presume you were charged with CRS 18-18-428. From what I’m finding, that only carries a penalty of $100 fine.
    I am hoping very much that I am only slapped with a $100 fine--that would be the best case scenario. However, given the nature of the resin in the pipe, in that it was not cannabis but heroin, do you suppose the charge could feasibly be heftier than just a fine, or would there need to be enough to be charged with drug possession (thankfully there wasn't)? I know for sure the police search was constitutional, but regarding contingencies, I am now just wondering if the outcome of what I am charged with will be more grave because I may have incriminated myself...

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