Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was arrested with oil and paraphernalia. The officer chose…

Customer Question
I was arrested with hash...
I was arrested with hash oil and paraphernalia . The officer chose to charge me with a misdeamenor marajuana charge and a paraphernalia charge. I'm wondering weather the judge can make change my charges to a felony concentrate charge or not.
Submitted: 7 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
10/6/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,552
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

No. The judge doesn't have that power. But the prosecutor does. Once the police turn over the reports and the evidence to the prosecutor and brief him or her on the arrest, the prosecutor can change the charges to whatever he thinks the evidence would allow him to prove beyond a reasonable doubt.

So, if what you are asking is whether your case can turn into a felony on your court date, yes, it's possible. The police are not lawyers and it's not uncommo for a defendant to get arrested for one set of charges and arraigned on different ones.

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
What's the best thing for me to do with no money for a lawyer. I don't want this to turn into a felony case.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

I'm not saying it will turn into a felony. All I'm saying is that the state has the ability to charge a felony when the police are incorrect or inaccurate at the time of an arrest. The lab analysis will come back, and if the amount only supports a misdemeanor charge, that's all the prosecutor will charge.

If you can't afford a lawyer, when you show up on your first court date, that's your arraignment. The judge will read the charges into the record and ask how you plead. It is customary and expected for all defendants to plead not guilty at their arraignment because it is the only plea that you can take that keeps all of your choices open to you so that you can get the advice of counsel.

Once you've pled not guilty, you can tell the judge you have no funds with which to retain a lawyer and ask him to appoint you a public defender. He'll assign you a free lawyer whom you'll meet on your next court date.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,552
30,552 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
What is the punishment for falsifying court documents and forging
What is the punishment for falsifying court documents and forging a judge's signature in the state of Indiana?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
Can I request for supervised probation to be changed to unsupervised probation i
I'm currently on 3 year misdemeanor supervised probation in NY state. It's been a little over six months now, and I'm an exemplerary, model probationer that hasn't violated any conditions of my probat… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
what is california penal code sections 242-243(c)1, 242-243(A),
what is california penal code sections: 242-243(c)1, 242-243(A), 602.5(B)… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
In Texas, what is the punishment for a possession CS PG 3
In Texas, what is the punishment for a possession CS PG 3 < 28G charge?… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
I was given a ticket with code and section 4462.5 VC in the
I was given a ticket with code and section 4462.5 VC in the LA County area. My wife took the car from the driveway not knowing that it was registered as non-operative. She was given also a ticket with… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My family and I live in Iowa, my neighbor has just installed
My family and I live in Iowa, my neighbor has just installed a video camera on the corner of his house pointing directly into our backyard. Houses are in close proximity of each other, within 8'. The … read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
i got a ticket today for unlawful use of drug paraphernalia.
i got a ticket today for unlawful use of drug paraphernalia. in cooper county mo by a state trooper. what are fines looking like for it and can it be reduced or anything. and what price range am i loo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
Is simple battery (misdemeanor) a moral turpitude?
Is simple battery (misdemeanor) a moral turpitude ?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the penalty for driving without an ignition
What is the penalty for driving without an ignition interlock in Washington State?… read more
Meigs
Meigs
Attorney
Doctoral Degree
1,311 satisfied customers
My boyfriend has a record and was wanting to know how he
My boyfriend has a record and was wanting to know how he could get them reduced/expunged from it for employment purposes.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,552 satisfied customers
What is the penalty for making butane oil in California?
What is the penalty for making butane hash oil in California? (This is a process of using butane to make a concentrated form of marijuana). Additionally, what is the penalty for setting a building on … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,552 satisfied customers
Someone was already arrested and tried for the crime of
Someone was already arrested and tried for the crime of making butane hash oil. The project was found out because the building caught fire and burned down. Large amounts of marijuana were found. The p… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,552 satisfied customers
If someone reports that they know who committed a crime
If someone reports that they know who committed a crime (making butane hash oil), what would happen to the accused if they are in a different country?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,777 satisfied customers
my friend got busted a few weeks ago. They found paraphenelia
my friend got busted a few weeks ago. They found paraphenelia but she wasn't arrested. How long do they have to arrest or charge her?… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
A friend of mine is going to be arrested for possession of
A friend of mine is going to be arrested for possession of around 2 ounces of marijunna in small bags found in his house. About four years ago he had a misdeamenor of having drug paraphernalia his car… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I have a pending misdeamenor citation for possession of drug
I have a pending misdeamenor citation for possession of drug paraphernalia. I was stupid and I don't want this on my record. I have already lost one job opportunity because of this. I plead not guilty… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
How long can the areesting officers be testing a seized drug
How long can the areesting officers be testing a seized drug and a person still be arrested for it even though they have already been arrested?… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers
i have a marijuana(32grams with scales)charge. never had a ...
i have a marijuana(32grams with scales)charge. never had a felony before. what can i expect… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x