What can a Drug Loitering charge be reduced to? 14 Answers as of June 27, 2013I recently was pulled over. I guess the place that they saw me prior was being watched- a 24-hour store parking lot. I gave the permission to search. They didn’t find the substance, but did find a scale, which was in the trash bag. They ended up giving me a drug loitering charge. I have no drug related charges. I only have traffic violations. I work in the medical field and hoping they will drop it to a loitering or anything that takes the word drug out of it. I don’t have too much to spend on an attorney other than public counsel, if getting this dropped means I have to get an excellent expensive attorney I will. My career depends on it.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
What section of the Crimes Code is a supposed "Drug Loitering" as opposed to regular Loitering (an M3)?
Answer Applies to: Pennsylvania
Law Offices of John Carney | John Carney
You should not plead to anything, especially a misdemeanor. It is not illegal to have a scale unless it has drug residue. Some people are so clueless that they not only consent to a search, they admit that they use the scale for drugs, and that makes it paraphernalia. I do not know why so many people give up their constitutional rights and allow the police to search their vehicle, especially if they know or think there might be contraband in the vehicle. You should retain a good criminal lawyer to try to get an ACD or other dismissal or a violation or you will have a criminal record forever and it will be very hard to get a decent job. I do not know what charge you were given or what state you are in so I cannot tell you if you are guilty of "loitering" but that is a very vague charge and they cannot prove it unless you made some admissions or told them something abut drugs.
Answer Applies to: New York
LeadfootSpeedingTicket.com | Andrea Storey Rogers
Ask the judge to appoint a public defender, or call the public defender's office on your own to ask if you can apply for assistance. If you don't qualify, then hire an attorney on your own. Depending on which court this is in, if the charge was for misdemeanor drug paraphernalia possession and you have no prior drug-related convictions, then it's very likely that your attorney can get the charge reduced to "Littering" and you will just have to pay a fine. Of course, this all depends on which court this is in.
Answer Applies to: Missouri
Peacock Law Group of the Lowcountry, LLC | Richard Peacock
In SC, there are a lot of situation specific facts which you should discuss with an attorney regarding this situation and the charge(s) being brought against you. You should consult with a local attorney regarding this matter.
Answer Applies to: South Carolina
Natty Shafer Law | Nathaniel Shafer
It sounds like you have a good defense. An attorney could help you argue that this should instead be charged as criminal trespass or some other charge, or maybe no charge at all. It may also be possible to argue that the police should not have pulled you over because they didn't have reasonable suspicion that you had committed a crime. Your chances of success improve if you hire a good attorney, but not necessarily an expensive one.
Answer Applies to: Utah