My first charge.. Help please!

[Dflambert]

What is the name of your state (only U.S. law)? Alabama
Hey, my name is David. I live in Alabama and I am 16. I was charged with drug paraphernalia. A glass pipe. And I haven't been to court yet. I'll answer any questions. I just need to know what I could expect.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Alabama
Hey, my name is David. I live in Alabama and I am 16. I was charged with drug paraphernalia. A glass pipe. And I haven't been to court yet. I'll answer any questions. I just need to know what I could expect.

you can expect to pay alot in fines and fees. you shouldn't expect jail time. get a lawyer to expect the best outcome.

 

[TheGeekess]

you can expect to pay alot in fines and fees. you shouldn't expect jail time. get a lawyer to expect the best outcome.

Really? You've been busted in Bama and know this for a fact?

 

[TheGeekess]

Section 13A-12-260
Drug paraphernalia; use or possession; delivery or sale; forfeiture.

(a) Definition of "drug paraphernalia". - As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state. It includes but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, tetrahydro cannabinols, cocaine, hashish, or hashish oil into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips: Meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

f. Miniature cocaine spoons, and cocaine vials;

g. Chamber pipes;

h. Carburetor pipes;

i. Electric pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers;

n. Glass tubes which are hollow, cylindrical items made of glass which are smaller than three-quarters of an inch in diameter, shorter than 12 inches in length, and which are not sealed with glass at both ends.

(b) Factors in determining whether object is drug paraphernalia. - In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled substance;

(4) The existence of any residue of controlled substances on the object;

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the controlled substances laws of this state; the innocence of an owner, or of anyone in control of the object, as to a direct violation of such laws shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(6) Instructions, oral or written, provided with the object concerning its use;

(7) Descriptive materials accompanying the object which explain or depict its use;

(8) National and local advertising concerning its use;

(9) The manner in which the object is displayed for sale;

(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

(12) The existence and scope of legitimate uses for the object in the community;

(13) Expert testimony concerning its use.

(c) Use or possession with intent to use. - It shall be unlawful for any person to use, or to possess with intent to use, or to use to inject, ingest, inhale or otherwise introduce into the human body, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled substance in violation of the controlled substances laws of this state. Any person who violates this subsection is guilty of a Class A misdemeanor and upon conviction shall be punished as prescribed by law.

(d) Delivery or sale.

(1) It shall be unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the controlled substances laws of this state. Any person who violates this section is guilty of a Class A misdemeanor and upon conviction shall be punished as prescribed by law. A person who is convicted of a subsequent violation of this subsection shall be guilty of a Class C felony and punished as prescribed by law. Any person convicted of violating this subsection who previously has been convicted of violating subdivision (2) of this subsection shall be subject to the same penalties specified for subsequent violations of this subsection.

(2) Any person 18 years of age or over who violates subdivision (1) of this subsection by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be guilty of a Class B felony and upon conviction shall be punished as prescribed by law.

(e) Contraband; forfeiture. - All drug paraphernalia used in violation of this section shall be contraband and subject to the forfeiture laws of this state and Section 20-2-93 as amended, in particular.
(Acts 1986, No. 86-425, p. 771; Code 1975, §20-2-75.1; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2; Act 2009-566, p. 1665, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-12-260.htm

 

[TheGeekess]

Section 13A-5-7
Sentences of imprisonment for misdemeanors and violations.

(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.
(Acts 1977, No. 607, p. 812, §1230; Acts 1978, No. 770, p. 1110.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-5-7.htm

Section 13A-5-12
Fines for misdemeanors and violations.

(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:

(1) For a Class A misdemeanor, not more than $6,000;

(2) For a Class B misdemeanor, not more than $3,000;

(3) For a Class C misdemeanor, not more than $500; or

(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(c) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. "Value" shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(d) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime according to procedures established by rule of court.
(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-5-12.htm

 

[armstrong1988]

hi

Is this a fact or rumor? This is a very serious offense since your too young.

 

[Ohiogal]

Is this a fact or rumor? This is a very serious offense since your too young.

Too young? Nope. 16 is not too young to commit a crime. If he were six that would be a different story.

And the statutes are fact. Though as a juvenile he would NOT serve jail time. He could possibly be placed in detention.

 

[TheGeekess]

Too young? Nope. 16 is not too young to commit a crime. If he were six that would be a different story.

And the statutes are fact. Though as a juvenile he would NOT serve jail time. He could possibly be placed in detention.

Bama has places to put juvenile offenders.

 

[JerroC]

Hey man

Hey man, I've got a lot of friends that have been convicted of a lot worse things than just carrying around a used bowl. In fact, somebody I know in Colorado had his charges reduced to Public Disturbance or something like that. Was given a slap on the wrist and nothing else. He has priors though and isn't 16. Since you are so young still, you're considered in the "high risk" for repeat offenders, especially drug. I'm like 85% sure you won't get anymore jail time than what you have. Ask your lawyer/Public Defender to do everything possible to save your record including First Offender if they won't lower charges. Having a drug possession on your record will kill any chance you may get for financial aid for college. If you plan on going/need it. If you do plead First Offender (you plead "guilty" of charges but what happens, the judge doesn't sign off on the sentence so when you complete your probation, it gets completely knocked off your record. The only people to see it are the police. However, you'll get probation for up to 5 years. But if you think you can't stop smoking weed/not get in trouble until you're 21/22, don't do it and just ask for a lower sentence. Tell them you'll do community service/rehab, every loop you can think to jump through, do it and then some. It's worth it to save your record and First Offenders charge for something you really need it for (if needed at all). Either way, fret because you got in trouble with the law but don't fret too much. You got caught with a bowl for marijuana. I don't know what city in Bama you are in, but, I almost can guarantee you that you're not their biggest fish to fry. They care more about violent offenders than smoking a bit of weed.
Oh, also look up to see if you have Drug Court. Just a suggestion.

 

[cyjeff]

Hey man, I've got a lot of friends that have been convicted of a lot worse things than just carrying around a used bowl. In fact, somebody I know in Colorado had his charges reduced to Public Disturbance or something like that. Was given a slap on the wrist and nothing else. He has priors though and isn't 16. Since you are so young still, you're considered in the "high risk" for repeat offenders, especially drug. I'm like 85% sure you won't get anymore jail time than what you have. Ask your lawyer/Public Defender to do everything possible to save your record including First Offender if they won't lower charges. Having a drug possession on your record will kill any chance you may get for financial aid for college. If you plan on going/need it. If you do plead First Offender (you plead "guilty" of charges but what happens, the judge doesn't sign off on the sentence so when you complete your probation, it gets completely knocked off your record. The only people to see it are the police. However, you'll get probation for up to 5 years. But if you think you can't stop smoking weed/not get in trouble until you're 21/22, don't do it and just ask for a lower sentence. Tell them you'll do community service/rehab, every loop you can think to jump through, do it and then some. It's worth it to save your record and First Offenders charge for something you really need it for (if needed at all). Either way, fret because you got in trouble with the law but don't fret too much. You got caught with a bowl for marijuana. I don't know what city in Bama you are in, but, I almost can guarantee you that you're not their biggest fish to fry. They care more about violent offenders than smoking a bit of weed.
Oh, also look up to see if you have Drug Court. Just a suggestion.

I would recommend against telling someone in Alabama what happened to a friend in Colorado. Believe it or not, the laws vary quite a bit from state to state.

Alabama is not a great place to get caught with drugs... it just isn't.