If my daughter needs to appear in court for possesion of drug paraphernalia in another state, is there anyway that she can avoid going to court?

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If my daughter needs to appear in court for possesion of drug paraphernalia in another state, is there anyway that she can avoid going to court?

The reason is I would need to take her along with her 2 small children. Also, do you know what the penalty will be?

Asked on March 29, 2014 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) It's unlikely that she can avoid going to court: even if the mattered is settled ahead of time, with a mutually agreeable plea deal, it's almost certain that your daughter would have to appear in court to answer some formal questions of the judge and testify that she understands and is accepting the deal.

2) The penalty can vary. First, which state this occured in matters, since each state has its own penal law. Second, the amount and type of the paraphenalia, plus the circumstances surrounding her use and arrest will impact the possible penalty. Third, if there is a deal, that will itself modify. She could face anything up to more than a year in prison.

3) Your daughter should retain a criminal defense attorney in the city in which she would have to appear to help her with this case. Experienced criminal defense counsel will greatly increase her chance of a favorable outcome.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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