Are you looking for a lawyer that handles drug paraphernalia cases in Clay County (Celina), Tennessee? If so, here are a few things that you should know:
(1) Drug paraphernalia is diversion eligible. There are two types of diversion in Tennessee – pretrial and judicial. Pretrial diversion suspends prosecution of the offense upon a memorandum of understanding between you and the state. See T.C.A. § 40-15-105. If you complete the terms, the district attorney will dismiss your case. If you do not complete the terms, the district attorney will prosecute your case (and probably give you a tougher offer than before). With judicial diversion, you plead guilty to the offense but the judge does not impose the sentence. See T.C.A. § 40-35-313. Instead, the judge imposes a period of probation. If you successfully complete probation, you can apply to have the charge expunged from your record. If you do not successfully complete probation, the judge will place your sentence into effect. Not all defendants qualify for diversion. Speak with an attorney today to see if you qualify.
(2) Drug paraphernalia comes in two forms – misdemeanor drug paraphernalia and felony drug paraphernalia. See T.C.A. § 39-17-425. Misdemeanor drug paraphernalia carries a sentence of up to 11 months, 29 days in jail, up to a $2,500 fine, and a minimum fine of $150 for the first conviction and $250 for the second or subsequent conviction. Felony drug paraphernalia is an E felony, which carries a sentence of one to six years, depending on range. In addition, a conviction for felony drug paraphernalia can lead to a fine of up to $5,000, and will have a mandatory minimum fine of $1,000 for the first conviction and $2,000 for the second or subsequent conviction.
What is the difference between misdemeanor drug paraphernalia and felony drug paraphernalia. Felony drug paraphernalia requires delivery, possession with intent to deliver, or manufacture with intent to deliver. In practice, most drug paraphernalia charges end up pleading as misdemeanors.
(3) Speaking about pleading, drug paraphernalia often pleads to 11/29 supervised probation. Depending on the facts of your case, your attorney may be able to negotiate 6 months of supervised probation and 5 months, 29 days of unsupervised probation if you pay off all of your fines and costs. As always, this is extremely fact dependent on the case, on your record, and on your interaction with the officers. You need to speak with a criminal defense lawyer about your case and have him talk with the district attorney and the officers.
I encourage you to call my firm today if you need a drug paraphernalia attorney in Celina, Tennessee. My office number is (931) 310-6945. Call today!