how much does a lawyer cost for drug paraphernalia

by Esperanza Turcotte 6 min read

Whether your lawyer is working on an hourly rate or flat fee, retainers for a criminal defense attorney on drug-related charges start around $2,000-$5,000 for misdemeanors and $5,000-$15,000 for felonies, but can easily be $20,000-$30,000 and more for serious or life felonies, or complex cases that will involve a lot of hours and expert witnesses.

Full Answer

Do I need a lawyer for a drug paraphernalia charge?

As discussed, whether a defense is successful or not will depend on the laws, the nature of the drug crime committed, and the circumstances of the case. Thus, with so many variables involved, it may be best to hire a lawyer for assistance with drug paraphernalia charges. Do I Need a Lawyer If I Have Been Charged with Possessing Drug Paraphernalia?

How much is the fine for possession of drug paraphernalia?

A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more. Probation. Probation sentences are also common with possession of drug paraphernalia convictions.

Is a drug paraphernalia ticket cheaper than a drug conviction?

In the short term, it is much cheaper to just pay the fine for a marijuana or drug paraphernalia ticket and be done with it, but having a drug conviction on your criminal record will cost you much more in the long run.

What is drug paraphernalia and how do I get It?

What is Drug Paraphernalia? The phrase “ drug paraphernalia ” is a broad term that can be used to refer to any type of accessory, equipment, or product that helps a person either to make, hide, take, or transport illegal drugs. For example, one common item that people typically associate with drug use (specifically marijuana) is a bong.

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How long is a sentence for paraphernalia?

If convicted of a drug paraphernalia charge in California, the court has the following options at time of sentencing: The court can sentence you to up to a year in county jail and a maximum $1,000 fine. Place you on probation and impose a sentence of up to one year in county jail.

How much does a top defense lawyer cost?

On average, a criminal defense attorney costs $200 an hour, but how much you'll pay can vary greatly depending on your case. Some clients pay $100 to $150 an hour, and others pay more than $300 to $350 an hour....Criminal defense attorney cost:National average hourly rate$200/hourHigh-end hourly rate$300-$350/hour1 more row•Oct 8, 2020

Is drug paraphernalia a felony in Texas?

Penalties for Possessing Drug Paraphernalia in Texas Possession of Drug Paraphernalia is considered a Class C misdemeanor, which is punishable by a fine up to $500.

What is the difference between drug and paraphernalia?

Difference between possesion of drugs and possession of paraphernalia. At first glance the difference seems obvious. One is a charge for possessing an illegal drug and the other is a charge for possession paraphernalia related to the drug.

How much does a lawyer cost for a felony?

A lawyer can cost anywhere from $10,000 to $100,000 for a felony. TheLawMan says, “most will agree that the cost for a first-degree felony is at least $10,000, often more. For the most experienced lawyers, you should expect to pay between $35,000 and $100,000 or even more.”

Are public defenders good?

In fact, a recently study done by the American Bar Association found that public defenders are often just as effective as private counsel. This study went on to conclude that based on the results, it would “strongly suggest that public defender representation is associated with improved case outcomes.”

How do I get a drug paraphernalia charge dropped in Texas?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn't exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

How much is drug paraphernalia ticket in Texas?

a $500Possession of Drug Paraphernalia in Texas is a Class C citation, punishable by up to a $500 fine. You cannot go to jail as punishment for mere possession of drug paraphernalia in Texas.

Can a drug paraphernalia charge be dropped Texas?

You might have opportunities to get a drug paraphernalia charge dropped at this first stage of the trial by exposing weaknesses in the evidence. For example: Intentional and knowing are terms that relate to your state of mind.

What are examples of drug paraphernalia?

The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes.

What are examples of paraphernalia?

WorkplaceTesting Explains Paraphernalia Some examples of commonly used drug paraphernalia are needles, syringes, tin foil, plastic bags, pipes, cigarettes, e-cigarettes, bongs, lighters, small spoons, glue, and medicine containers.

What is considered drug paraphernalia?

What is drug paraphernalia? Drug paraphernalia is commonly considered to be the equipment and other items involved in drug taking, and making or concealing drugs, such as cannabis and cocaine. These items include needles, bongs, pipes and grinders.

How much is a drug paraphernalia fine?

A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more.

How to avoid a conviction for drug paraphernalia?

Diversion. Some drug paraphernalia offenders may be able to avoid a conviction by participating in a pretrial diversion program. Diversion programs -- also known by a variety of names such as deferred prosecution or pretrial intervention -- are designed to give first-time offenders the chance to make amends for the criminal activity without being convicted of a crime. A person who agrees to enter into diversion must comply with conditions that are nearly identical to probation, typically for a period of a year or more. After successfully completing the diversion program, the prosecutor agrees to drop the charges.

What is probation for drug possession?

Probation. Probation sentences are also common with possession of drug paraphernalia convictions. When a court sentences people to probation it requires them to comply with various orders for a number of months, typically 12 or more. Common probation orders include not committing more crimes, maintaining employment, ...

What is the difference between possession and distribution?

Simple possession or possession with intent to sell, deliver, or distribute. Drug paraphernalia charges are often differentiated between possession and distribution crimes. Possession crimes involve the personal use of drug paraphernalia, while possession or distribution charges involve selling or providing paraphernalia to others.

How can a prosecutor show possession of a drug?

In drug paraphernalia cases, a prosecutor can show possession of the prohibited items by showing they were actually used for drug use, or that the person possessing them intended them for drug use. Circumstances.

What is possession of drug paraphernalia?

Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Read more to understand the legal definition, circumstances and penalties.

How long can you go to jail for possession of paraphernalia?

Jail or prison. Some drug paraphernalia laws allow for up to a year in jail, though lighter sentences, such as up to 90 days, are also common. A court may impose a jail sentence ...

Why do lawyers charge flat fees?

Flat fees also allow clients to financially plan without any surprises. They don’t have to worry about hidden costs or running out of a retainer in the midst of a case. Everything is upfront and clear from the beginning. On rare occasions, an attorney may include a provision if the case goes to trial. In those instances, it should be clearly indicated in the contract.

How important is it to know how an attorney will be paid?

For those not familiar with the legal profession, it’s important to understand the costs involved when hiring a criminal defense attorney. Like other professions, not all attorneys are alike and the payment structure for attorneys varies as well. In order to make an informed decision, knowing how an attorney will be paid is critical. There are several factors involved such as the complexity of the case, ones’ criminal history, the attorneys experience, additional fees, etc.

Why Hire a Criminal Defense Attorney?

Texas is among the highest conviction and incarceration rates in the US. It’s not a place where one can expect to prevail simply because they feel they are innocent. Texas prisons are filled with folks who thought they could “beat the system”.

What do criminal defense attorneys need?

When building a defense case, a criminal defense attorney may require specialists such as investigators, doctors, or accountants to assist in the defense. It may also involve testimony from witnesses who will need to be found, interviewed, and researched. This results in more work for the attorney, but could also make all the difference in a case..

What is the role of a lawyer when representing an accused person?

If they represent the accused person, they are responsible for making sure that the defendant has all of their rights protected, in accordance with the law and constitutional implications within the criminal code.

How to respond to a lawyer about a confidential meeting?

Respond honestly, and ask for explanations if you need them . Your meeting is likely confidential, so don't be afraid that disclosing information to your lawyer when they ask.

What do they ask in a criminal case?

They will may ask if there is anyone else connected to the case such as victims, witnesses, other defendants. They need to make sure that they have not represented anyone else in order to avoid a potential conflict of interest.

How much is the penalty for possession of drug paraphernalia in Kentucky?

Possession of drug paraphernalia is a class A misdemeanor that carries a penalty of up to 365 days in jail and/or a fine up to $500.00, plus court costs of approximately $135.00. This is a criminal offense and you need to hire a competent criminal defense attorney to represent you. The governing Kentucky statute is set out below:...

Is paraphernalia a misdemeanor?

Paraphernalia is a Class A misdemeanor. Hire a local criminal defense attorney to assist. You may have a valid defense to the case, since it is unusual to have paraphernalia without any drugs.#N#Furthermore, if it is a first offense, you may be permitted (with approval from the...

How much is a drug paraphernalia fine?

Drug Paraphernalia (not a first-time offender) = $2,000 fine and 1 year in jail. 11 to 35 grams of Marijuana= $2,000 fine and 1 year in jail.

How Much Will It Cost To Hire An Attorney To Represent You For Your Marijuana And Drug Paraphernalia Tickets?

Before hiring an attorney, you should call around and talk to a few criminal defense attorneys until you find someone you feel comfortable with.

How much is a marijuana fine in Missouri?

The penalties for misdemeanor possession of a controlled substance (marijuana) and drug paraphernalia in Missouri are: 10 Grams or Less of Marijuana (first-time offender) = $500 fine but no jail time. 10 Grams or Less of Marijuana (not a first-time offender) = $2,000 fine and 1 year in jail. Drug Paraphernalia (first-time offender) ...

What are the penalties for possession of a controlled substance in Missouri?

The penalties for misdemeanor possession of a controlled substance (marijuana) and drug paraphernalia in Missouri are: 1 10 Grams or Less of Marijuana (first-time offender) = $500 fine but no jail time 2 10 Grams or Less of Marijuana (not a first-time offender) = $2,000 fine and 1 year in jail 3 Drug Paraphernalia (first-time offender) = $500 fine but no jail time 4 Drug Paraphernalia (not a first-time offender) = $2,000 fine and 1 year in jail 5 11 to 35 grams of Marijuana= $2,000 fine and 1 year in jail

What happens if you plead guilty to a drug charge?

If you plead guilty to any of the criminal offenses listed above, you will have a drug conviction on your criminal record. This applies if you are a first-time offender or repeat offender, and regardless of whether your case is being prosecuted in state court or municipal court.

Can a prosecutor file a marijuana ticket?

The Prosecutor might agree to not file the charges for your marijuana or drug paraphernalia ticket. In many cases involving misdemeanor marijuana and drug paraphernalia tickets, your attorney will handle everything without requiring you to appear in court. You will have to pay a fine and court costs if your ticket gets reduced to “Littering.”.

Does a marijuana ticket show up on a criminal background check?

If your marijuana or drug paraphernalia ticket gets reduced to “Littering,” the conviction for “Littering” will not show up on a standard criminal background check. If your case involves probation, you won’t have to pay a fine, but you might have to complete a 1-day drug education class or do a few hours of community service.

What happens if you choose a plea bargain?

If you choose the plea bargain option, your attorney will negotiate a plea bargain deal with the Prosecuting Attorney, guide you through the entire court process, and appear in court with you if a court appearance is required. Some of the possible plea bargain deals your attorney could negotiate on your behalf include:

What happens if you plead guilty to a drug ticket?

But if you plead guilty, you will end up with a drug conviction on your permanent criminal record, which will prevent you from getting a job, renting an apartment, or obtaining federal financial aid for college. You may also be evicted from government-subsidized housing if you plead guilty to a marijuana or drug paraphernalia ticket.

Is possession of 10 grams of marijuana a crime?

Possession of 10 grams or less of marijuana or drug paraphernalia are still considered crimes, and if you plead guilty, you will end up with a drug conviction on your criminal record.

Can a criminal defense attorney help you with a marijuana ticket?

Most criminal defense attorneys offer a free consultation, in which they will discuss your case and help you determine whether you should go to trial or negotiate a plea bargain deal to get your marijuana or drug paraphernalia ticket dismissed or reduced to a lesser offense, such as “Littering.”

Is it cheaper to pay a fine for a drug ticket?

In the short term, it is much cheaper to just pay the fine for a marijuana or drug paraphernalia ticket and be done with it, but having a drug conviction on your criminal record will cost you much more in the long run.

How long is the maximum sentence for selling drug paraphernalia?

Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. As noted above, federal law does not outlaw possession per se.

What to do if you are accused of drug paraphernalia?

If you've been accused of a drug paraphernalia offense or any other crime, don't waste a moment before speaking with an experienced attorney who knows the ropes and will protect your legal rights. Contact a qualified drug crime lawyer near you today.

How long is a drug possession charge in Ohio?

For example, in Ohio drug paraphernalia possession is a fourth-degree misdemeanor (punishable by up to 30 days of jail time plus a fine), but dealing in paraphernalia is a misdemeanor of the second degree (up to 90 days in jail plus a larger fine).

Is it illegal to sell drug paraphernalia?

Under federal law, it is unlawful to do any of the following: Sell or offer to sell drug paraphernalia, Mail drug paraphernalia or transport it through interstate commerce, Import or export drug paraphernalia. Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal.

Is it illegal to sell drugs?

While you're probably aware that drugs such as marijuana, cocaine and heroin are illegal under federal and most states ' law, you might not know that people can be prosecuted for owning or selling related items or objects, even if they aren't in possession of the actual drugs. This article covers what you need to know about laws prohibiting drug-related paraphernalia.

Is possession of paraphernalia a federal crime?

Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal. Police may check for drug residue, and if it's clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges.

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