first offence marijuna and paraphernalia in Arizona

What is the name of your state? Arizona

I was recently cited for misdemeaners: possesion of Marijuana and paraphernalia.

Questions: The para charge was for a Kodak film canister that was carrying the marijuna. Can that really be considered paraphernalia?

Will going to court get my fine reduced?

Since this is a first offence, what are the chances of it being expunged?

Is there a prosecuter involved in these cases, or is it just a judge that decides? Is there a plea bargain I should seek? Do I need a lawyer for that?

A friend that was with me was also cited for the same charges in addition to possesion of a narcotic (cocaine). There was very little of the the narcotic in possesion. How does that charge effect the same questions I posed for myself?

Thank you for your time and help.

Sebo said:

What is the name of your state? Arizona

I was recently cited for misdemeaners: possesion of Marijuana and paraphernalia.

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How unfortunate.

Questions: The para charge was for a Kodak film canister that was carrying the marijuna. Can that really be considered paraphernalia?

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Yes, although odds are they will drop that charge (not promising anything)

Will going to court get my fine reduced?

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No, going to court will make sure a bench warrant is not issued.

Since this is a first offence, what are the chances of it being expunged?

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This is the part of the answer you'll like. The state of Arizona is quite happy to give first time non-violent offenders a second chanced through deferred prosecution, which includes some fees, a substance abuse class, and an informal probation, the successful completion of which means the DROPPING OF YOUR CHARGES.

Is there a prosecuter involved in these cases, or is it just a judge that decides? Is there a plea bargain I should seek? Do I need a lawyer for that?

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At your initial court appearance, all that will happen is that you'll be asked how you plead (guilty or not guilty). The judge may also bring up the possibility of you asking for a pre-trial conference. If he does not, make sure you do so. At this point, you will be given a new trial date where you will be given the chance to meet with the prosecutors to discuss a plea bargain, and they will most likely offer you deffered prosecution.[/QUOTE.

A friend that was with me was also cited for the same charges in addition to possesion of a narcotic (cocaine). There was very little of the the narcotic in possesion. How does that charge effect the same questions I posed for myself?

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Uh, no idea. Perhaps somebody else can better answer that.

Thank you for your time and help.

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You're welcome.

The Occultist said:

This is the part of the answer you'll like. The state of Arizona is quite happy to give first time non-violent offenders a second chanced through deferred prosecution, which includes some fees, a substance abuse class, and an informal probation, the successful completion of which means the DROPPING OF YOUR CHARGES.



At your initial court appearance, all that will happen is that you'll be asked how you plead (guilty or not guilty). The judge may also bring up the possibility of you asking for a pre-trial conference. If he does not, make sure you do so. At this point, you will be given a new trial date where you will be given the chance to meet with the prosecutors to discuss a plea bargain, and they will most likely offer you deffered prosecution.[/QUOTE.

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I forgot to mention that I live out of State (California). Does this change anything?

Can I pursue the path you outlined for me without a lawyer? I know the advice is always to get a representative, but this seems pretty cut and dry, and I am currently in debt as it is. Is a prosecuter going to come after me harder without a lawyer? Will a public defender do?


Thank you again.

I believe they will only give you a PD if there is a chance of jail time, and I don't think they will be pushing for that, so I do not believe they will actually give you one.

To be honest, I have no idea how it would work with you living in CA. When talking to the DA, you can bring that up and perhaps the possibility of transferring your probation to CA will become available. I do not know.