Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so, can I continue my eligible and have the right to continue with the case until I can afford one?
A:
I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.
Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an infraction and is punishable by a fine of $300 and the judge may order you to participate in a drug and alcohol education class. Possession of a pipe (or other instrument) used to smoke marijuana is a separate crime, and that is also an infraction punishable by a fine of $300.
I think your question also asks whether you are entitled to a court appointed attorney, and the answer is no. Both the United States Constitution and the Nebraska Constitution only require courts to appoint an attorney for a criminal case when there is a risk of incarceration. In this case, because the only consequence is a fine and possibly a class, you are not entitled to a court appointed attorney.
A: Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably not worth hiring an attorney unless you think the seizure should be suppressed. Then be ready to pay.
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