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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86552
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was pulled over in August of 2012 and had drug paraphernallia

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I was pulled over in August of 2012 and had drug paraphernallia in the car, and was forthcoming to the officer with it and other information as well, he did not take me to jail, but did read me my rights. The officer said he was not going to bring any charges against me due to the info I provided him. Now its Nov and I was paying another fine online and notice another case showed up, turns out i had a court date for it in OCt and never knew about it, noew they have issued a FTA warrent for my arrest. I want to take care of this asap, but i dont knopw what to expect when I go to court, Will I be arrested? I was very cooperative with the officer, and its the prosocuters office thats bringing the charges. I have no record and have never beeen in trouble with the law. The items were foil and a pipe.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am very sorry for your situation. Can you please tell me: what is the charge for - drug paraphernalia - or something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.


Customer: replied 1 year ago.

POSSESSION OF DRUG PARAPHERNALIA, THATs all it says

Expert:  Ely replied 1 year ago.
Thank you, friend. Just wanted to make sure that this was the charge.

Drug paraphernalia possession AZ is considered a illegal per A.R.S §13-3415, wherein it is "unlawful for any person to use, or to possess with intent to use, drug paraphernalia 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 drug."

Possession of Drug Paraphernalia is charged as a class six felony, which can be up to a year in prison and a fine.

However, first and second time offenders only get probation and a fine per Prop. 200, if found guilty.

I say if found guilty, because AZ has something called "deferment," which is when you plead guilty, but agree to community supervision much akin to probation. This consists of a few drug classes, a court fine, and a period of not getting arrested.

If the period is completed successfully, then the guilty plea and the charges are dropped and it is as though this did not happen.

Deferment is not a right, it is a privilege, but one that D.A. may extend - it is up to them. You need to use an attorney to possibly negotiate this deal.

Finally, as per the outstanding warrant, call a local bail bondsman and see if the warrant is quashable. If so, you can put down a bond and reset the matter for a hearing, retain counsel, and try to see if you can get deferment. You may need to go to court several times as the matter is reset every time after a round of negotiations.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86552
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


If the warrent is not quashable what should I expect, or do you think that posibly is??? Like I said I have no record. Being that I was very cooperative with the officer do you think things should go better?

Expert:  Ely replied 1 year ago.
Hello,

I cannot tell you if it is or not, but the bail bondsman can, for free.

If it is not, then you have to turn yourself in and would then have a hearing in front of the Judge where a bail amount can be set and the case can move forward. You can then bond out.

Being that I was very cooperative with the officer do you think things should go better?

I think so. Considering that, and that you have no criminal record, and that this is a low-level charge all things considered, it should be something that can be taken care of - but you do need an attorney from the start - so do retain one as soon as possible.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


Thank you, what kind of cost do you think Im looking at to start with, I dont make a great deal of money and dont have any savings ro credit cards, my wife and I live week to week and being that I have never had to deal with anything like this, I am a little scared of what will come about.

Expert:  Ely replied 1 year ago.
Hello,

I would say for this, about $2,500 at the most if you simply want to make a deal, and/or about $6,000 to $8,000 if you wish to go to trial...

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