Detroit Michigan Criminal Lawyer Attorney Corpus Christi TX Fayetteville NC Dayton OH Centennial CO Pasadena CA South Bend IN Columbia MD Macon GA Bellevue WA Carlsbad CA Simi Valley CA Surprise AZ Elizabeth NJ Springfield MA Macon GA Orange CA Winston-Salem NC Metairie LA Pompano Beach FL Reno NV West Jordan UT Winston-Salem NC Gresham OR
-Detroit Michigan Criminal Lawyer Attorney San Angelo TX Chandler AZ Denver CO San Diego CA Des Moines IA Pasadena TX Rochester NY Concord CA Fremont CA San Francisco CA Pasadena CA Henderson NV El Cajon CA Independence MO Louisville KY Clearwater FL Scottsdale AZ Palm Bay FL Simi Valley CA Laredo TX Tallahassee FL Green Bay WI New Haven CT Hampton VA Grand Prairie TX Thousand Oaks CA Moreno Valley CA Macon GA Arlington VA Newport News VA Sacramento CA New Haven CT Clinton MI Fort Wayne IN Pasadena CAOur country is committed to preventing the possession, sale, and distribution of illegal controlled substances. Police aims to meet this goal by not only making the possession of these substances illegal but also by criminalizing the possession of particular items often used in connection with them. These items are referred to as drug paraphernalia. Such paraphernalia can include items such as spoons, syringes, and smoking pipes. However, the law must be evaluated correctly when determining possible guilt, since these items are not always used for the purpose of taking illegal controlled substances. Therefore, it is critical to get some help from a skilled drug attorney if you are charged with the illegal possession of paraphernalia.
Our drug paraphernalia attorneys have more than 20 years of vast experience in the courtroom dealing with cases as a prosecutor and a defense attorney. If you are dealing with drug paraphernalia or other type of drug offense indictment, they can engineer a strong defense on your behalf. With distinct knowledge of how the prosecution thinks and operates, our criminal defense attorneys will help you reach the best possible result in your case.
Drug paraphernalia consists of any items – such as products, equipment, and materials – that are manufactured or advertised for use in producing, manufacturing, processing, compounding, preparing, inhaling, or some other activity to introduce a controlled substance into the human body.
Some of the items that fall under the category of drug paraphernalia are the follows:
-Cocaine vials-Bongs-Chamber pipes-Water pipes-Air driven pipes-Carburetor pipes-Ice pipes-Chilliums-Roach clips-Electric pipes-Rolling paper-Miniature cocaine spoons-Kits for growing drugs-Balances and scales for measuring and verifying drugs-Kits for producing, manufacturing, preparing, or compounding drugs-Testing equipment for identifying or for analyzing the purity, effectiveness, or strength of drugs-Containers or other items for personal drug use or for the concealing or storing of drugs
Drug Paraphernalia Possession
Under the Health and Safety Code, it is considered as illegal to possess drug paraphernalia for the purpose of unlawfully smoking or injecting any controlled substance other than marijuana.
A judge must prove all of the following elements in order to have you indicted for a possession offense:
-You had paraphernalia items in your possession-You had knowledge of the paraphernalia items-You exercised either control or constructive control of the paraphernalia
Drug Paraphernalia Manufacture, Sale, and Distribution
Businesses are not permitted to display drug paraphernalia in certain areas that are open to minors. Any violation of this law can cause the forfeiture of business’s goods. A business violating this law could potentially have its license revoked.
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Additional laws relating to drug paraphernalia ban the following activity:
-Providing drug paraphernalia to another person knowing that it will be used for illegal purposes-Providing drug paraphernalia to a minor-While on school grounds, having in your possession a syringe that you know a minor will use to inject an illegal substance-Manufacturing drug paraphernalia knowing that it will be used for illegal purposes
The aforementioned offenses may be indicted for a misdemeanor or felony depending on the particular crime and specific facts of your case.
Sentences and Other Possible Consequences
Drug paraphernalia possession is a misdemeanor with sentences including a six-month imprisonment term and a maximum base fine of $1,000. Depending on your specific case, you may be placed on court supervision and into a drug diversion program.
Defenses for a Drug Paraphernalia Possession Indictment
Depending on your case, one of several defenses may be available to you as the indictee against a drug paraphernalia accusation. These include:
1. Authorization to Possess Because of Your Profession – If you are found in possession of drug paraphernalia, you may not necessarily be in legal risk if you have these items in connection with the responsibilities and duties of your profession – i.e., nurse, doctor, pharmacist, manufacturer, or veterinarian.
2. Authorization for Personal Use – Drug paraphernalia that is in your possession and also authorized for your personal use may not necessarily be considered illegal possession under the law.
3. Did Not Possess – Paraphernalia possession is required to be found guilty under the Health and Safety Code. If you did not possess or constructively possess the paraphernalia, you may not be found guilty under the law.
4. No Knowledge Drive Paraphernalia Was Present – Two (2) elements are required under Health and Safety Code so as to receive an indictment. You must have knowledge of the presence of the paraphernalia. Secondly, you must have knowledge of the character or nature of the items as drug paraphernalia. If these elements are not present, you cannot be charged.
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5. Insufficient Evidence – A skilled, trusted and well-experienced drug paraphernalia defense attorney may be able to convince prosecuting attorneys that they lack the elements necessary to prove you committed an offense involving drug paraphernalia. There may be some mitigating evidence or other proof that proves the current evidence submitted by the prosecution is weak or poor.
6. Entrapment – If police or other government agents encouraged you to commit an offense involving drug paraphernalia possession when you did not desire to do so, you may be eligible to use the entrapment defense.
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Get in touch with a well-experienced and reliable Drug Paraphernalia Defense Attorney
If you have been indicted for drug paraphernalia possession, you may be aware that a sentence on that charge can have long-lasting effects on your professional and personal life. At our Law Firm, we do understand what is at stake for you. Our criminal defense attorneys have a vast background serving as a prosecuting attorneys and successful defense attorneys. Under their leadership, you can be confident your rights will be protected as they fight vigorously on your behalf to lessen, or if possible, drop the consequences you are dealing with. Therefore, contact us right now to request a free consultation about your case.