Possessing or selling drug paraphernalia is a crime, even if you don’t necessarily have any particular drug in the paraphernalia at the time of your arrest. What is considered “paraphernalia” varies by state and even local jurisdiction at times, so it can often be difficult to know if you’re even committing a crime. Drug paraphernalia charges are among the most confusing of all criminal charges, due to the wide-ranging number of items that can even be considered paraphernalia.
For example: Rolling papers. Rolling papers can be used to roll regular plain old tobacco. Are they paraphernalia? YES. Depending on the circumstances of your arrest, police might consider this seemingly innocent item as drug paraphernalia, even if you were only using it to roll tobacco. However, police are very UNLIKELY to do that unless they saw some other evidence that the rolling papers were being used for another much less legal drug: Marijuana.
If you are charged with possessing or selling drug paraphernalia, the chances are much better that police found drug residue in the items and therefore charged you with using those items to use drugs, not just as harmless items. Very rarely will you be charged with this crime unless there is some very good indication that it was being used to take illegal drugs. Just owning rolling papers alone likely wouldn’t result in charges.
The penalties for possessing or selling drug paraphernalia are astonishingly harsh compared to what you might think they would be. For example, it’s considered the most serious type of misdemeanor and can even lead to real jail time (Up to a year), along with a huge fine. In other areas, paraphernalia possession can even be a felony, depending on the circumstances and whether it’s a 1st offense. A 2nd offense can even land you with MORE than one year in jail and a felony charge. Lawyers often answer questions about drug paraphernalia charges to those facing them.
As you can see, this is no charge to play around with. It’s much more serious than you might think it is and it’s vital that you contact our offices so that we can begin a good defense for you.
The most obvious defense for this crime will almost always be that the paraphernalia itself was not actually being used for drug use. Take the case of those rolling papers mentioned earlier. Really, it’s entirely possible that they were NOT being used as drug paraphernilia. It’s up to us to prove that fact, and that’s exactly what we will do. As long as there was no residue or any other indications that they were being used for drugs, it’s very likely that we can have the case dismissed entirely. This has happened in our cases before.
If we do go to trial, we’ll defend you aggressively with every possible angle after looking at your case. The police may have performed an illegal search on you and as a result they found the item. In this case, it’s police misconduct and we might be able to have your case dropped. At a trial, we do everything we can to prove that you did not knowingly possess drug paraphernalia and were not using drugs at the time of your arrest. Even if it’s the worst case scenario and you are guilty, we can work to help you get probation or other alternative penalties to prison.
We realize how scary a drug paraphernalia charge can be, especially if it’s the first time you’ve ever been charged with this. Many people don’t even know that they possess drug paraphernalia, and for those who sell it, they may not even be aware that it’s a crime (After all, bongs are in full display in stores and can be used to smoke regular tobacco as well). Don’t feel like everything is hopeless.
Our lawyers will look over the facts of your case and give you the best possible chance for a successful outcome in your case. We will fight for you every step of the way and bring in experts and witness testimony if we have to. Call today.