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.
Many state laws specify what equipment qualifies as drug paraphernalia. These laws list specific items that are prohibited, such as opium pipes, water pipes, vials, hypodermic needles, or miniature spoons. Paraphernalia can also include items used for manufacturing, growing, weighing, or packaging illegal drugs, such as scales or plastic baggies.
Fines are a common penalty for drug paraphernalia convictions, and courts often impose fines instead of jail sentences, especially for first time offenders. A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more.
While most states treat paraphernalia distribution as a misdemeanor, some punish it as a felony if it involves sale of items to minors. If you've been accused of a drug paraphernalia offense or any other crime, don't waste a moment before speaking with an experienced attorney who knows the ropes and will protect your legal rights.
If convicted of a drug paraphernalia charge in California, the court has the following options at time of sentencing: The court can sentence you to up to a year in county jail and a maximum $1,000 fine. Place you on probation and impose a sentence of up to one year in county jail.
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.
$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.
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.
What is 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.
WorkplaceTesting Explains Paraphernalia Some examples of commonly used drug paraphernalia are needles, syringes, tin foil, plastic bags, pipes, cigarettes, e-cigarettes, bongs, lighters, small spoons, glue, and medicine containers.
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.
In Texas, a Class C Misdemeanor may be removed from a person's record or “expunged” 180 days after the date of the person's arrest. Class A and Class B misdemeanors may be expunged after one year from the date of the arrest.
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.
Because it is possible for two people to have both the ability and the intent to exercise control over the same item, two different people can both be charged with possessing the same drugs.
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.
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.
Facing criminal charges of any kind should always be treated as a serious situation. Charges involving drug paraphernalia should be seen no different.
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.
If you've been accused of a drug paraphernalia offense or any other crime, don't waste a moment before speaking with an experienced attorney who knows the ropes and will protect your legal rights. Contact a qualified drug crime lawyer near you today.
Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. As noted above, federal law does not outlaw possession per se.
For example, in Ohio drug paraphernalia possession is a fourth-degree misdemeanor (punishable by up to 30 days of jail time plus a fine), but dealing in paraphernalia is a misdemeanor of the second degree (up to 90 days in jail plus a larger fine).
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.
While you're probably aware that drugs such as marijuana, cocaine and heroin are illegal under federal and most states ' law, you might not know that people can be prosecuted for owning or selling related items or objects, even if they aren't in possession of the actual drugs. This article covers what you need to know about laws prohibiting drug-related paraphernalia.
Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal. Police may check for drug residue, and if it's clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges.
A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more.
Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Read more to understand the legal definition, circumstances and penalties.
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, ...
In drug paraphernalia cases, a prosecutor can show possession of the prohibited items by showing they were actually used for drug use, or that the person possessing them intended them for drug use. Circumstances.
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 ...
Courts will look at whether the alleged paraphernalia was located near illegal drugs, whether the accused made statements about the items, if the items contains any drug residue, or even expert testimony about the object or its use.
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.
The most common charge associated with drug paraphernalia in Missouri is the possession of drug paraphernalia. Possession of drug paraphernalia charge will be referred to the county prosecutor’s office in some circumstances, especially when associated with felony possession of a controlled substance. On the other hand, possession of drug paraphernalia charge may be handled by a municipal court if it is associated with possession of marijuana charge or if it stands alone without any other possession charge.
A criminal charge for possession of drug paraphernalia can be a serious offense that could result in a misdemeanor or even a felony on your record. When you are charged with possession of drug paraphernalia you want to have somebody on your side who is knowledgeable about the subject, who has had District Attorney drug training, and has handled many cases involving the possession of drug paraphernalia. At the Krupp Law Firm, we have the experience and have had success analyzing the consistency of lab reports and the evidence involving possession of drug paraphernalia charges.
Another charge associated with drug paraphernalia in St. Louis and St. Charles County is unlawful to manufacture drug parapher nalia and is almost exclusively handled by County prosecutors as opposed to municipal courts.
In some circumstances, the accused may not be eligible for drug court or it might not be the best option. It is best to speak with your attorney to see what the best option is for your case.
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.
Drug crimes in Nevada attract serious charges that could have far-reaching ramifications on every aspect of your life. Drug paraphernalia charges, in particular, are classified as a matter of public records and can negatively affect your employment prospects.
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.
If the police obtained evidence illegally used against you, your attorney could argue your 4th amendment rights were violated. A search without a warrant or probable cause provides you an opportunity to file a motion to have that evidence suppressed and thus weaken the case against you.
If you can prove you were not aware of the presence of paraphernalia or had no intention of possessing them, your charges might be dropped or reduced. A good example is where someone else planted the paraphernalia in your car, in-person, or in your residence without your consent or knowledge.
Under SB-459, if your alleged possession of paraphernalia was discovered due to your calling for medical help owing to a drug overdose, the drug possession charges against you can be dropped.
In most cases, the unlawful possession of drug paraphernalia has more to do with the context of the arrest than with the object itself. The Law Offices of Benjamin Nadig can help you fight a drug paraphernalia charge and have it dropped.