My question involves criminal law for the state of: Illinois
I am 22 and have been cited for possession of paraphernalia (local ordinance, NOT ILCS) in Mount Prospect, Cook County, IL. After smoking pot from a glass pipe I was sitting in my car (it was on since it was cold, but in park) at 10pm on a street not too far from my house, and a undercover cop pulled up to me and was asking what I was doing there. I told them I was not doing anything just looking at my phone. They said that I looked suspicious and that they could smell weed so they asked again what I was doing there so I told them that I smoked there a bit earlier. They asked me if I had anything in the car so I gave them the pipe and I told them that I had nothing else. They decided to search anyways and found 2 more pipes (which i completely forgot about cause my friends left them in my trunk as they could not keep them at home, I know that I cannot claim that none of them were mine). One of the officers accused me of being on pills and other drugs and kept asking me where they are. I have never done anything other than pot and I told him that multiple times, he finally believed me after the search. They searched me but did not find anything on me, however at some point he did reach into my hoodie pocket cause he saw some plastic foil, he thought it was a baggie with stuff but it wasn't, I heard that they can not reach into your pockets during a search, is that true in this case? I was not caught with any weed, just residue on the pipes. I have never been arrested or caught with anything. Since I complied I was not arrested and they just gave me one ticket for possession of drug paraphernalia which says I violated Chapter 23 section 115A of the municipal code (not the ILCS):
23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
A. Possession, Selling Unlawful: It shall be unlawful for any person to have, possess, sell, offer to sell, dispense or give away any pipe, device or contrivance adapted for the use of smoking or inhaling any controlled substance, which said pipe, device or contrivance is herein defined as an "instrument"; provided, however, that such pipe, device or contrivance defined herein as an "instrument" has been used for the purpose of smoking or inhaling or ingesting a controlled substance.
D. Penalty:
1. A violation of this section is hereby declared to be a public nuisance and shall be subject to abatement as provided by law.
2. Any person that shall violate any of the terms of this section shall be fined as set forth in appendix A, division III of this code. In cases of illegal display, a separate offense shall be deemed committed for each day such violation continues to exist. (Ord. 3424, 6-5-1984; amd. Ord. 5189, 5-15-2001)
I tried looking for the possible charges I could get and this is all I could find:
Section 23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
Fine: Not less than $200.00 nor more than $1,500.00.
My questions are:
How much money and what consequences do you think i'm facing?
I am okay with paying the fine between $200 and $1500, but can they charge me with a misdemeanor?
The cop told me if anything I would get a fine and community service but it doesn't say anything about community service in the penalty section.
Can they give me probation for this?
Should I get a lawyer and try to get one of the charges dropped?
Any advice? Since I didn't get arrested is it an easier case?
I am 22 and have been cited for possession of paraphernalia (local ordinance, NOT ILCS) in Mount Prospect, Cook County, IL. After smoking pot from a glass pipe I was sitting in my car (it was on since it was cold, but in park) at 10pm on a street not too far from my house, and a undercover cop pulled up to me and was asking what I was doing there. I told them I was not doing anything just looking at my phone. They said that I looked suspicious and that they could smell weed so they asked again what I was doing there so I told them that I smoked there a bit earlier. They asked me if I had anything in the car so I gave them the pipe and I told them that I had nothing else. They decided to search anyways and found 2 more pipes (which i completely forgot about cause my friends left them in my trunk as they could not keep them at home, I know that I cannot claim that none of them were mine). One of the officers accused me of being on pills and other drugs and kept asking me where they are. I have never done anything other than pot and I told him that multiple times, he finally believed me after the search. They searched me but did not find anything on me, however at some point he did reach into my hoodie pocket cause he saw some plastic foil, he thought it was a baggie with stuff but it wasn't, I heard that they can not reach into your pockets during a search, is that true in this case? I was not caught with any weed, just residue on the pipes. I have never been arrested or caught with anything. Since I complied I was not arrested and they just gave me one ticket for possession of drug paraphernalia which says I violated Chapter 23 section 115A of the municipal code (not the ILCS):
23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
A. Possession, Selling Unlawful: It shall be unlawful for any person to have, possess, sell, offer to sell, dispense or give away any pipe, device or contrivance adapted for the use of smoking or inhaling any controlled substance, which said pipe, device or contrivance is herein defined as an "instrument"; provided, however, that such pipe, device or contrivance defined herein as an "instrument" has been used for the purpose of smoking or inhaling or ingesting a controlled substance.
D. Penalty:
1. A violation of this section is hereby declared to be a public nuisance and shall be subject to abatement as provided by law.
2. Any person that shall violate any of the terms of this section shall be fined as set forth in appendix A, division III of this code. In cases of illegal display, a separate offense shall be deemed committed for each day such violation continues to exist. (Ord. 3424, 6-5-1984; amd. Ord. 5189, 5-15-2001)
I tried looking for the possible charges I could get and this is all I could find:
Section 23.115: CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES:
Fine: Not less than $200.00 nor more than $1,500.00.
My questions are:
How much money and what consequences do you think i'm facing?
I am okay with paying the fine between $200 and $1500, but can they charge me with a misdemeanor?
The cop told me if anything I would get a fine and community service but it doesn't say anything about community service in the penalty section.
Can they give me probation for this?
Should I get a lawyer and try to get one of the charges dropped?
Any advice? Since I didn't get arrested is it an easier case?
Drug Possession: Possession of Paraphernalia in Illinois, Cook County, Mount Prospect
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