What can a Drug Loitering charge be reduced to? 14 Answers as of June 27, 2013

I 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.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
See what happens when you cooperate with the cops (by "letting them search?")? You'll need an expensive attorney now. NEXT TIME tell them "NO."
Answer Applies to: Michigan
Replied: 10/8/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 6/27/2013
Shane Law Office
Shane Law Office | Robert J. Shane
You may be eligible for a diversion program to keep the conviction off your record.
Answer Applies to: Minnesota
Replied: 10/4/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
The quality of your attorney certainly does make a difference in the ultimate outcome.
Answer Applies to: New York
Replied: 10/4/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
It depends upon your attorney and the prosecutor.
Answer Applies to: Michigan
Replied: 10/4/2012
    Law Offices of John Carney
    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
    Replied: 10/4/2012
    The Rogers Law Firm
    The Rogers Law Firm | 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
    Replied: 10/3/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Some sort of non- drug offense such as trespassing or disorderly conduct. Depending on the facts, you may be able to get it dismissed.
    Answer Applies to: Nevada
    Replied: 10/3/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You might get the prosecutor to agree to a disorderly conduct.
    Answer Applies to: Washington
    Replied: 10/3/2012
    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
    Replied: 10/3/2012
    Natty Shafer Law
    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
    Replied: 10/3/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    I would have to see the discovery to be able to tell you what the possible outcome could be but the cost for an attorney for something like this would be around $600.00.
    Answer Applies to: New Jersey
    Replied: 10/2/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You get what you pay for, I'm sure you know that in your line of work. PD's are notoriously busy, each handling sometimes a few hundred cases per month. You won't get the attention to detail that you will need.
    Answer Applies to: California
    Replied: 10/3/2012
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