what kind of lawyer for drug paraphernalia

Full Answer

Do I need a lawyer for a drug paraphernalia charge?

As discussed, whether a defense is successful or not will depend on the laws, the nature of the drug crime committed, and the circumstances of the case. Thus, with so many variables involved, it may be best to hire a lawyer for assistance with drug paraphernalia charges. Do I Need a Lawyer If I Have Been Charged with Possessing Drug Paraphernalia?

What is drug paraphernalia?

Grow Your Practice What is Drug Paraphernalia? The phrase “ drug paraphernalia ” is a broad term that can be used to refer to any type of accessory, equipment, or product that helps a person either to make, hide, take, or transport illegal drugs.

What is the punishment for drug paraphernalia?

Also, the punishments associated with having drug paraphernalia can change quickly from a misdemeanor to a felony, depending on both the type and quantity of the drug used in connection with the drug paraphernalia. Is It a Crime to Possess Drug Paraphernalia?

Is drug paraphernalia for marijuana legal in your state?

Also, in the states that have legalized marijuana, there seems to be a general trend in those states to repeal any laws relating to drug paraphernalia for marijuana as well. As a final example, if a person is caught in Colorado state with rolling papers and the legal amount of marijuana, they will not be in trouble for having either item on them.

What is drug paraphernalia?

Why is drug paraphernalia problematic?

How much is a drug paraphernalia fine?

How much is the penalty for possession of drug paraphernalia?

What are the defenses to marijuana?

Is drug paraphernalia illegal?

Is it illegal to have heroin needles?

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What are examples of illegal drug paraphernalia?

What are drug paraphernalia? The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes.

Is drug paraphernalia a felony in Texas?

Penalties 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.

What are some examples of drug paraphernalia?

According to the DEA, drug paraphernalia frequently includes the following types of items:E-Cigarettes.Pipes.Tin foil.Rolling papers.Cigars.Roach clips.Bongs.Hookahs.More items...

What happens when you get a citation for drug paraphernalia in Texas?

Penalties For A Drug Paraphernalia Conviction Possession of drug paraphernalia is a Class C Misdemeanor punishable by a maximum fine of $500. Though there is no jail time, you should be aware that a conviction counts against you as having a prior criminal history in future cases.

How do I get a drug paraphernalia charge dropped in Texas?

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.

Can you get probation for drug paraphernalia Texas?

Drug paraphernalia in Texas refers to accessories involved in the use of illegal drugs. Simple possession of drug paraphernalia is a Class C Misdemeanor punishable by a $500 fine and likely probation, drug testing, and counseling.

What is the charge for possession of drug paraphernalia?

A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000.

What is a sentence for paraphernalia?

All items of smoking paraphernalia are for ornamental purposes or for the use of legal smoking mixes only. Mike isn't surprised by the amount of baby paraphernalia on show. The amount of paraphernalia that is available for a modern baby is truly mind boggling.

What is considered drug paraphernalia?

Drug paraphernalia is commonly considered to be the equipment and other items involved in drug taking, and making or concealing drugs, such as cannabis and cocaine. These items include needles, bongs, pipes and grinders. However, not all drug paraphernalia are illegal, such as items sold from head shops.

Are rolling papers paraphernalia in Texas?

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.

What is considered paraphernalia in Texas?

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.

How much is a drug citation in Texas?

a $500Possession of Drug Paraphernalia in Texas is a Class C citation, punishable by up to a $500 fine. You cannot go to jail as punishment for mere possession of drug paraphernalia in Texas.

What Is Drug Paraphernalia?

Although a charge for possession of drug paraphernalia can be part of similar drug-related charges, it is also considered a separate charge. If you’re facing drug paraphernalia charges, it’s crucial to reach out to an experienced criminal defense lawyer for help.

What Are the Punishments for Possessing Drug Paraphernalia?

As mentioned above, drug paraphernalia charges are separate—but often complementary—to drug charges. In Texas, there are two levels of drug paraphernalia charges. The lesser charge, for simple possession of drug paraphernalia, is a Class C misdemeanor punishable by a fine of up to $500.

When You Need a Lawyer for Drug Paraphernalia Charges

Facing criminal charges of any kind should always be treated as a serious situation. Charges involving drug paraphernalia should be seen no different.

Contact a Fort Worth Drug Paraphernalia Lawyer

Drug paraphernalia charges can be serious, but you are entitled to a legal defense. A drug paraphernalia lawyer with The Law Offices of Jeff C. Kennedy will fight to clear your name.

What are some examples of drug paraphernalia?

Many instruments, tools, household devices and everyday utensils can be considered drug paraphernalia. Even something as common as a soda can, or a piece of aluminum foil can be considered drug paraphernalia depending on the circumstances. Examples of drug paraphernalia and the drugs they are used for are: 1 Bongs (marijuana/hashish) 2 Bowls (marijuana/hashish) 3 Pipes (marijuana/hashish/crack cocaine) 4 Spoons (heroin/crack cocaine) 5 Light Bulbs (crystal methamphetamine) 6 Syringes (heroin) 7 Wrapping/Rolling Papers (used to roll drugs into cigarette form) 8 Plastic Bags/Baggies (used to transport and deliver specific amounts of narcotics) 9 Scales (used to weigh drugs for sale/distribution)

What happens if you are arrested for possession of drug paraphernalia?

If you have been arrested for possession of drug paraphernalia, it is important that you contact an attorney right away.

How to contact a drug crime lawyer?

Contact A Drug Crime Defense Lawyer. Let an experienced attorney fight for your rights. Call our drug crime attorneys at (610) 685-8000, or contact us online, to schedule a free 30-minute initial consultation.

Is possession of drug paraphernalia a crime in Pennsylvania?

Being caught with drug paraphernalia or being in possession of drug paraphernalia with intent to use for personal use is a misdemeanor in the Commonwealth of Pennsylvania. If you make, manufacture, sell and deliver drug paraphernalia in Pennsylvania, that is also a crime.

What to do if you have been arrested for drug paraphernalia?

If you have been arrested for on drug paraphernalia charges, contact my Orange County drug paraphernalia law firm to discuss your case. I personally meet with all prospective clients and I offer free consultation to learn about your, learn about your case and determine what I can do to help.

Can you own drug paraphernalia in Florida?

Under Florida law, individuals charged with possession of drug paraphernalia do not need to own the paraphernalia in order to possess it . In Florida, a person can possess drug paraphernalia in two ways: actual possession or constructive possession.

Do you have to catch someone for using drug paraphernalia?

Law enforcement personnel do not always have to catch a person in the act of using or attempting to use drug paraphernalia for its prohibited purpose. The prosecutor can attempt to prove that the person used or intended to use the object for an illicit purpose in many other ways. Some of the more common methods include:

What is the class of drug paraphernalia in Texas?

Possession of drug paraphernalia is a crime in the state of Texas. The criminal classification of the offense ranges from Class C Misdemeanor up to State Jail Felony at a maximum.

How long is a drug paraphernalia charge in Texas?

Possession of drug paraphernalia with intent to deliver is a Class A Misdemeanor offense in the state of Texas that is punishable by a county jail sentence of anywhere from 90 days to 1 year and a fine of up to $4,000.00.

What is drug paraphernalia?

The phrase “ drug paraphernalia ” is a broad term that can be used to refer to any type of accessory, equipment, or product that helps a person either to make, hide, take, or transport illegal drugs. For example, one common item that people typically associate with drug use (specifically marijuana) is a bong.

Why is drug paraphernalia problematic?

As previously mentioned, drug paraphernalia can be problematic because some items are not immediately illegal without additional evidence of a drug crime. For instance, an innocent kitchen scale can be turned into a helpful tool for a drug dealer.

How much is a drug paraphernalia fine?

In most cases, possession of drug paraphernalia is considered to be a misdemeanor, meaning that fines will typically not exceed $2,500 and the jail sentence imposed will not be longer than a year.

How much is the penalty for possession of drug paraphernalia?

A person in possession of drug paraphernalia can face a fine of up to $750 and 6 months of imprisonment. Also, the punishments associated with having drug paraphernalia can change quickly from a misdemeanor to a felony, depending on both the type and quantity of the drug used in connection with the drug paraphernalia.

What are the defenses to marijuana?

These include: Illegal search and seizure; Lack of knowledge; Legal possession (e.g., insulin needles for diabetes); Medical exceptions (can only be used in states that have legalized marijuana for medical purpose); Lack of controlled or illegal substance; and. Various other defenses depending on the facts of the case.

Is drug paraphernalia illegal?

The main issue with drug paraphernalia is that not all of it is illegal. Drug paraphernalia usually only becomes illegal once it is used for an illegal purpose. For instance, many head shops or convenience stores sell “rolling papers.”. Traditionally, the point of rolling papers was to make it easier for a person to roll their own cigarettes.

Is it illegal to have heroin needles?

However, there are some kinds of drug paraphernalia that are considered to be illegal based on the equipment itself. For example, possession of heroin needles immediately violates the law regardless of whether any traces of the drug can be found in it or not. In addition, there are also some states that ban all drug paraphernalia products.