Chesterfield County Drug Paraphernalia Lawyer
Drug paraphernalia charges can complicate your life significantly due to the seriousness of the offense. You may be charged with this crime if you are accused of possessing products or equipment that are used in drug offenses or are used to take drugs. This charge can occur even if you were not found with drugs, just the alleged paraphernalia. You may have just been in the wrong place at the wrong time or the items might not be for drug use at all.
No matter what, you are entitled to have a competent drug attorney in your case. A dedicated Chesterfield County drug paraphernalia has the skills necessary to protect your rights
Possession of Drug Paraphernalia Laws
Virginia Code § 54.1-3466 outlines the crime of possessing drug paraphernalia in Chesterfield County and throughout the state. A “controlled paraphernalia” refers to any instrument used to administer a controlled substance through injection, or instruments used to distribute or manufacture a controlled substance. Common items that constitute drug paraphernalia may include, but is not limited to:
- Water pipes
- Bongs
- Needles
- Spoons or knives
- Scales
- Roach clips
- Items used to sore or conceal drugs
- Items used to manufacture drugs
- Items used to grow or harvest marijuana or other drug plants
These and many other items could result in a drug paraphernalia charge. The penalties can be strict and lead to incarceration and high fines.
Penalties for Possession of Drug Paraphernalia
If a person is accused of possession of drug paraphernalia, they face a Class 1 misdemeanor. If convicted, a person could face up to twelve months in jail and a maximum possible fine of up to $2,500.
Sale of Drug Paraphernalia
Under Virginia Code § 18.2-265.3, selling drug paraphernalia is a more serious offense. This may occur if the person, knowing that the item is designed to be used as illegal drug paraphernalia, sells the item(s) or possesses the item(s) with the intent to sell them. A Chesterfield County attorney could provide evidence that an item should not have been labeled as drug paraphernalia.
Selling drug paraphernalia is a Class 1 misdemeanor with the same potential penalties as possession. However, if a person is convicted of selling drug paraphernalia to a minor, the offense is a Class 6 felony. These are considered “wobbler” offenses, and may be treated as a Class 1 misdemeanor or as a felony. If penalized as a felony, the individual could face between one and five years in prison.
Defenses to Drug Paraphernalia Cases
There are a multitude of defenses that a lawyer in Chesterfield County may be able to use for a drug paraphernalia case. These could help an individual receive a lesser penalty, reduce the charges themselves, or even see the case dismissed. Defenses may include:
- Unlawful search and seizure which led to the arrest
- No intent to use or sell a controlled substance
- No intent to sell drug paraphernalia
- Authorized possession of the items
- The items were not in the person’s actual possession or constructive possession
The burden is on the prosecutor to prove their case. There may be enough doubt about the defendant’s guilt that the charges could be dropped or reduced.
Pursue a Strong Defense with a Chesterfield County Drug Paraphernalia Attorney
Every case requires a strong defense, including yours. Charges involving illegal drugs are taken seriously in Virginia but a strong defense may assist you in avoiding any penalties at all.
Let an experienced Chesterfield County drug paraphernalia lawyer pursue a positive outcome in your criminal case. Contact us today to discuss your situation.
