If you are facing charges for possession of drug paraphernalia and any other related drug charges, then you should contact a local drug lawyer immediately. An experienced criminal defense attorney can research which laws apply to your case, whether there are any defenses available for you to use, how serious the penalties might be, and if there is anything further you can do to …
If you've been arrested for or charged with possession of drug paraphernalia, contact a local criminal defense attorney as soon as possible. A drug-related conviction can become part of your permanent criminal record and negatively affect multiple areas of your life.
Plano, Texas drug charge defense lawyer Andrew Peveto has extensive experience in defending individuals against allegations of possession of drug paraphernalia and devices. He has in-depth knowledge of Texas drug paraphernalia laws and knows how to fight back against Texas prosecutors that wield drug paraphernalia charges with little or no evidentiary support.
Nov 08, 2017 · Free Consultation with a Criminal Defense Lawyer. If you need help with a criminal charge, please call Ascent Law now for your free consultation (801) 676-5506. We want to help you. Ascent Law LLC. 8833 S. Redwood Road, Suite C. West Jordan, Utah. 84088 United States. Telephone: (801) 676-5506.
While you can be convicted of possession of drug paraphernalia if the prosecutor can show that you were holding it or had it somewhere on your body, such as in a pocket or backpack, you can also be convicted if the prosecution can show constructive possession or control.
Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the crime. All states have laws that criminalize the sale, use, and possession of drug paraphernalia, though the wording of these laws and how they apply differ. These laws are often broadly applied, and ...
Paraphernalia can also include items used for manufacturing, growing, weighing, or packaging illegal drugs, such as scales or plastic baggies. Use, intent, or design. Many, if not all, of the items that are designed as drug paraphernalia also have non-drug related uses.
Possession of drug paraphernalia is usually charged as misdemeanor offense, though felony charges are possible in some states and in some situations. Sentences for simple possession of paraphernalia have much lighter sentences associated with them than sentences for manufacturing or distributing drug paraphernalia.
Jail or prison. Some drug paraphernalia laws allow for up to a year in jail, though lighter sentences, such as up to 90 days, are also common. A court may impose a jail sentence ...
Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the crime.
Probation. Probation sentences are also common with possession of drug paraphernalia convictions. When a court sentences people to probation it requires them to comply with various orders for a number of months, typically 12 or more. Common probation orders include not committing more crimes, maintaining employment, ...
Possession of Drug Paraphernalia in Texas. Texas prosecutors can be relentless in trying to get convictions for crimes involving illegal drugs. You can face felony or misdemeanor charges for possessing any type of drug paraphernalia, which includes water pipes, scales, syringes, and many other products and implements that have legitimate uses other ...
First-time offenders in Texas who have no prior criminal histories and who are not found with drugs on their person are most likely to face Class C misdemeanor charges of possession of drug paraphernalia. Those charges carry a $500 fine and sometimes require the offender to complete some community service, but the charges will usually be erased when the fine is paid and the service hours are completed.
Texas prosecutors can be relentless in trying to get convictions for crimes involving illegal drugs. You can face felony or misdemeanor charges for possessing any type of drug paraphernalia, which includes water pipes, scales, syringes, and many other products and implements that have legitimate uses other than to facilitate ...
Criminal charges are not trifling matters. Prosecutors take great pride in high conviction rates and will go to great lengths to prove beyond a reasonable doubt that a person charged with possession of drug paraphernalia did, in fact, violate the Texas laws against possession and use of drug-related devices.
Section 481.125 of the Texas Controlled Substances Act prohibits individuals from knowingly or intentionally using drug paraphernalia in conjunction with controlled substances.
In the broadest aspect, drug paraphernalia is anything used in the making or using of drugs. While that is the general definition of drug paraphernalia, there are several factors that affect these charges. State laws and federal laws are two of those factors.
Drug residue doesn’t necessarily have to be on the alleged drug paraphernalia for a person to be charged with a crime. The context of intended use can lead to a drug paraphernalia charge. An example of this would be a scale located in the same home as cocaine.
Some defendants who are facing charges, including drug charges, might find out that they are being offered a plea deal. There are several points that defendants might appreciate when it comes to the plea bargaining process. Understanding these positive points might help you decide if you want to consider the plea bargain.
Generally, a case is resolved faster when a plea bargain is used. You don’t have to go through the trial process, which can help you to avoid public scrutiny that might occur if your case is tried in court. This can also help you to save money since the case is resolved faster.
It is possible to avoid incarceration in some cases; however, some plea deals will include incarceration. It is important to realize that a plea bargain might include a sentence that is less than the maximum sentence allowed by law.
In some cases, you negotiate a plea deal that allows you to plead to a lesser charge. In some cases, this can give you a big advantage. For example, you might be able to get a charge involving drug distribution or trafficking reduced to something that isn’t as serious.
If you need help with a criminal charge, please call Ascent Law now for your free consultation (801) 676-5506. We want to help you.
Taken to an extreme, drug paraphernalia could include sandwich bags (if they are intended to hold illicit drugs) or a garden hoe (if it is intended for use in cultivating marijuana plants). Items that might be used to ingest drugs that are specifically mentioned in the Texas Controlled Substances Act include:
The explanation of “possession” in our article about possession of a controlled substance also applies to drug paraphernalia. It is only a crime to possess an item if that item is intended to be used as drug paraphernalia. If an item has a legal use, the question of its intended use may provide a defense to the charge. Possession of drug paraphernalia is a Class C misdemeanor, punishable by a fine.
In the Texas Controlled Substances Act, the term “paraphernalia” refers to products used to manufacture or ingest a controlled substance. More broadly, the term includes equipment used to manufacture, weigh, package, cultivate, grow, harvest, or conceal a controlled substance as well as items designed for using controlled substances.
Although a simple possession charge is a Class C misdemeanor that is punishable by a fine, every misdemeanor is a criminal offense that results in a criminal record.
Under federal law, it is unlawful to do any of the following: Sell or offer to sell drug paraphernalia, Mail drug paraphernalia or transport it through interstate commerce, Import or export drug paraphernalia. Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal.
Examples of Drug Paraphernalia 1 Scales and balances intended to weigh controlled substances, 2 Equipment designed to test the strength or purity of controlled substances, 3 Materials or chemicals used to "cut" or dilute the strength of narcotics, 4 Syringes or needles for injecting controlled substances.
Roach clips (objects used to hold burning materials like rolled cigarettes or joints that are too small to be held by hand), Miniature spoons that hold less than one-tenth of a cubic centimeter, often used for snorting cocaine, Freebase cocaine kits, or paraphernalia used to smoke cocaine.
It can help to recognize the various types of drug paraphernalia – items and objects that are used to support or enable drug use – that can make a loved one’s drug use more apparent . According to the Drug Enforcement Administration (DEA), drug paraphernalia includes: 1. Rolling papers and cigars. Roach clips.
Short straws or small, rolled paper tubes, including rolled-up dollar bills, are some of the tools used by those who snort drugs, like cocaine or heroin through their nose. 15
Rolling papers are usually used with marijuana. These days, cigarettes are typically already rolled, so there’s little need for most people who smoke tobacco to use rolling papers. However, marijuana often comes loose, requiring it to be packed into something for smoking.
However, while some people may in fact wear them in their hair, they are used for the purpose of holding onto the joint or blunt when it has become so short that holding it could burn the fingers. 5
Bongs and Hookahs. Bongs are water pipes used to filter the marijuana smoke through water. Bongs are often believed to filter out some of the harmful tars; however, research shows that water actually filters out more of the THC, the psychoactive component in marijuana that makes the user “high,” than the tars. 6.
Bongs are water pipes used to filter the marijuana smoke through water. Bongs are often believed to filter out some of the harmful tars; however, research shows that water actually filters out more of the THC, the psychoactive component in marijuana that makes the user “high,” than the tars. 6
Hookahs are often smoked by groups of people, with the same mouthpiece being passed from person to person. Hookahs are regarded by many people to be a safer alternative to cigarette smoking; however, the Centers for Disease Control and Prevention states that it carries many of the same risks. 7.