Let’s look at the ways to get paraphernalia charges dropped or reduced: Prove Entrapment Sometimes you are subjected to a sting operation that involves an undercover officer who tries to sell you paraphernalia or drugs. Your defense attorney can argue an entrapment defense in such a scenario, especially where the paraphernalia is a household item.
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A lawyer can help you to explore all your options for dealing with it and can assist you in coming up with a plan to have the best chance for reinstatement. The first thing your lawyer will do is determine who you must appeal to in order to have the license reinstated. A driver's license may be suspended either by a court or by the DMV.
Anyone could face drug paraphernalia charges for possessing everyday material such as pipes, plastic bags, syringes, scales, mirrors, and tinfoil, among others. One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist.
Hiring a knowledgeable defense attorney can help poke holes in the Prosecution’s case, which go a long way in getting the charges dropped. It’s possible that a drug paraphernalia charge could be brought against you without enough evidence if the police were not able to produce the drugs in court.
The other way in which your license may be suspended is if the court orders suspension as part of a criminal sentence or sanctions. For example, if you face criminal DUI charges, a part of your penalty under the criminal code may be the loss of your license for a period of time.
One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn't exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.
As the law stands now anyone who has been convicted of a drug offense faces a six month to five year license suspension and additional fees to reinstate. The license loss is also reported on their Registry of Motor Vehicles record, which can be accessible by employers.
It's important to understand that although simple possession of drug paraphernalia is a misdemeanor charge, paying the fine is equivalent to a guilty plea. That means the misdemeanor will remain on your record and will be accessible to employers, landlords and anyone who wants to view your criminal history.
Possession of drug paraphernalia charges may result in suspension of the defendant's Texas driver's license. Even if the defendant wasn't operating a motor vehicle when he or she was arrested, he or she faces driver's license suspension if convicted of drug paraphernalia possession.
The law permits the Registry of Motor Vehicles (“RMV”) to not only suspend your license indefinitely until you are cleared of any other out of state suspensions, it also permits the RMV to suspend your license for out of state offenses just as if the offense had occurred here in Massachusetts.
However, retaining an experienced Massachusetts defense attorney for your case can relax the situation and minimize the apprehension. In the event one is found guilty of an OUI first-offense, an individual faces a maximum 2 ½ years in jail, a $5,000 fine, and a 5-year license suspension at your RMV hearing.
Possession of drug paraphernalia is typically charged as a Class C misdemeanor. As the least severe criminal charge in Texas, a Class C misdemeanor carries no jail time and a maximum $500 fine. In certain cases, however, possession of drug paraphernalia can be escalated to higher misdemeanors or even felonies.
$500Penalties for Possessing Drug Paraphernalia in Texas Possession of Drug Paraphernalia is considered a Class C misdemeanor, which is punishable by a fine up to $500.
Texas Health and Safety Code § 481.002(17) defines “drug paraphernalia” as any equipment, product, or material that is used for the purpose of planting, cultivating, manufacturing, producing, processing, packaging, storing, or concealing a controlled substance.
In Texas, if you knowingly use, possess, or own drug paraphernalia with the intent use these items to inhale, ingest, inject, package, manufacture, or store drugs, then you could be charged with a Class C misdemeanor, which is punishable by a maximum fine of $500 and no jail time.
Examples of drug paraphernalia include: scales, small plastic baggies, bongs, needles, mesh filters, cigarette rolling papers, grinders, and spoons. Notice that some of these items aren't illegal to possess by themselves.
Examples of Class C misdemeanors are traffic tickets, disorderly conduct, simple assault, andtheft of less than $50. A Class C misdemeanor can be a much more serious affair. For example, this will be the case if you were convicted of disorderly conduct or public intoxication three times in a row.
Another way to maintain a record free of drug paraphernalia charges or to get them reduced, is through proving entrapment. If you’ve been subject to a sting operation in which an undercover police officer tried selling you drugs, then you and your defense attorney could argue an entrapment defense, particularly if the paraphernalia was ...
Having a defense attorney who is well acquainted with the criminal system could help bring these issues to light and break down the other side’s case , thereby giving you a better chance of avoiding a drug paraphernalia charge on your record.
In an interview featured on some of the CBS networks I revealed how it’s possible to get drug paraphernalia charges dropped or reduced. Drug paraphernalia charges are classified as misdemeanors and are a matter of public record, which could negatively affect any employment opportunities. Here are some ways to get drug paraphernalia charges wiped ...
This means that mandatory license suspensions for drug offenders will end on January 23, 2019 — 180 days after the law was signed. Unfortunately, this means license suspensions will continue until then. Another issue is that the law does not apply retroactively.
But under Section 1532 of the Pennsylvania Vehicle Code (Title 75), the Department of Transportation may impose a mandatory minimum six-month driver’s license suspension for a conviction of possession, sale, delivery, or giving away a controlled substance.
Another penalty that the law removes is the three-month suspension period for people convicted of underage drinking or using a fake ID. Basically, the law restricts the revocation of driving privileges to situations where a person commits a driving-related offense.
This can happen in two ways. There is an administrative suspension of your driving privileges, which occurs as soon as you fail or refuse a blood alcohol content (BAC) test. Later on, if you get convicted of DUI, the judge may be required to order an additional license suspension period as part of your sentence.
Between 2011 and 2016, Pennsylvania suspended the driving privileges of 149,000 people convicted of drug crimes unrelated to a traffic offense.
To learn more about avoiding the loss of driving privileges after an arrest, call Fienman Defense today at (215) 839-9529 or online for a free and confidential consultation.
In the 1990s , the Federal government made mandatory driver’s license suspensions for drug offenses a condition for states to receive funding. The federal government employed a similar tactic to achieve a national drinking age of 21 years by threatening to suspend federal highway funding in states that did not raise the drinking age.
No. Paraphernalia does not result in an automatic suspension of your driver's license.
Unlike ch. 893 possession charges, possession of paraphernalia does not require a mandatory driver's license suspension upon conviction.
You could call your local secretary of state or DMV without giving your name and they should be able to tell you the specific effect of that charge if any.
For example, after you get a DUI, you may need to do community service, go to drug/alcohol counseling, get a special type of car insurance, and have your license suspended for a set period. At the end of the period, you can petition for reinstatement of your license and prove that you did all the other things required of you.
In other words, if you get arrested for a DUI or reckless driving in some states, the DMV automatically takes away your license. You can request an administrative hearing to argue for why that shouldn't happen, but the license is still initially suspended through automatic operation of the law.
For example, if your license was suspended as a result of you not paying your traffic tickets, you can pay those tickets and then request reinstatement. By proving you paid the traffic tickets and by paying all required reinstatement fees, you can get your license back.
Depending on the reason for your license suspension and the traffic ticket laws where you live, an attorney may be able to help you get your license reinstated. An attorney cannot make the problem go away, though; if you have a suspended license, there is a reason, and you must address that reason. A lawyer can help you to explore all your options for dealing with it and can assist you in coming up with a plan to have the best chance for reinstatement.