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Drug Paraphernalia Possession: What You Need to Know Before Talking to Your Criminal Lawyer
Drug paraphernalia possession is a serious issue, and if you’re caught with it, you could be facing criminal charges. This is why it’s essential to hire a criminal lawyer for representation when such a scenario occurs. A skilled lawyer will try to justify the use of the items or prove that the authorities performed an illegal search if you were caught with drug paraphernalia.
When it comes to your case, several factors come into play, including what type of paraphernalia you had on you, how many drug-related crimes you’ve been accused of in the past, and the manner in which you were searched. Here are a few things to bear in mind before speaking with your criminal lawyer.
Types of Paraphernalia
Possession of drug paraphernalia such as bongs, water bongs, pipes or chillums, cocaine freebase kits, and papers for rolling joints could lead to charges. While certain items like papers could be defended as necessary for rolling cigarettes, other items like bongs could be difficult to justify.
Defense Potential
The authorities often make mistakes in their manner of confronting and searching someone for illegal drugs or paraphernalia. If your lawyer identifies such errors, he/she will use them to try to get you out of the charges if possible. Some of the defense strategies that a criminal lawyer may be able to use include illegal entry without a warrant, improper search tactics, entrapment, and harassment of a citizen.
Such options could work in favor of your case, depending on how you were set up and what the officer did when they wanted to search you. If the items were in the open and not found specifically in your possession, the authorities’ assumption that the items are yours shouldn’t be sufficient evidence to cite you.
Consequences and Charges
If found guilty, the consequences could be dire. You could face a fine, a jail sentence, probation, required community service, and mandatory drug rehabilitation treatment or classes. If the defense attorney cannot eliminate the charges due to strong evidence, they may work out a plea deal with the prosecution to reduce the charges.
If the authorities found the drug paraphernalia in a vehicle that you own, you could face more than one type of charge. Having drug charges on your criminal record for a long time could affect your chances of securing employment in certain professions or fields, and the charges will also be published in the public newspaper.
The first course of action when the authorities seize drug paraphernalia from you is to contact a criminal lawyer. Do not answer any questions or speak to anyone until the lawyer is handling your case and advising you on what to say and do. Your lawyer will work diligently to gather the evidence necessary to get the charges dropped, if possible. This way, you can put the matter behind you and move on with your life.
Being caught in possession of drug paraphernalia can have far-reaching legal implications. It’s important to know the different types of drug paraphernalia and their potential legal repercussions. Here are a few types of drug paraphernalia and their criminal consequences.
| Type of Drug Paraphernalia | Potential Legal Consequences |
|---|---|
| Bongs and Water Bongs | Possible drug paraphernalia charges |
| Pipes or Chillums | Possible drug paraphernalia charges |
| Cocaine Freebase Kits | Possible drug paraphernalia charges |
| Papers for Rolling Joints | Could be defended as necessary for the use of rolling cigarettes |
| Miniature Spoons | Possible drug paraphernalia charges |
Having a drug paraphernalia possession charge can be a serious challenge to anyone’s reputation, career, and well-being. That’s why it’s important to know how to defend against such charges. Here are several strategies that a criminal lawyer may utilize to defend against drug paraphernalia possession charges:
| Defense Strategies | Details |
|---|---|
| Illegal Entry Without a Warrant | Authorities failed to get a warrant, and therefore the search carried out was illegal |
| Improper Search Tactics | The authorities’ search tactics were inappropriate and lacked legal justification, making the evidence found inadmissible in court |
| Entrapment | The authorities entrapped the suspect and forced them to commit the crime. This defense is typically used when the authorities provide the drugs and paraphernalia to the suspect |
| Harassment of a Citizen | The authorities harassed the suspect or violated their rights |
Being found guilty of drug paraphernalia possession can have severe consequences. The outcomes vary, depending on the state and the circumstances of the case. Here are some potential legal consequences you could face if you’re found guilty of drug paraphernalia possession:
| Legal Consequences | Details |
|---|---|
| Fine | The court may fine you for drug paraphernalia possession |
| Jail Sentence | You could face jail time as part of the punishment for drug paraphernalia possession |
| Probation | Probation is a common sentence for drug paraphernalia possession, requiring that you adhere to set rules and regulations for a specified period |
| Required Community Service | Court-mandated community service is another possible sentence for drug paraphernalia possession |
| Required Drug Rehabilitation | Drug rehabilitation classes or treatment are mandatory sentences in some states following a drug paraphernalia possession conviction |
If you’re the owner of the vehicle where the authorities found drug paraphernalia, you could face additional charges. Having drug charges on your criminal record can negatively impact your career and life opportunities, as many employers and professions require a clean record. Publications may also print your charges in the local newspaper, which negatively affects your reputation.
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