Colonial Heights Drug Paraphernalia Lawyer
When a person is charged with carrying drug paraphernalia, they should be concerned about what a conviction would look like on their record. Although this offense could render minor penalties, a drug-related conviction could cause someone to find it difficult to obtain employment or secure housing. As a result, charged individuals should make sure to take the necessary measures to avoid having such a mark on their record.
For help with mitigating an accusation, reach out to a Colonial Heights drug paraphernalia today. An experienced attorney could sit with you to discuss the details of your case and help you prepare a savvy defense.
What is Drug Paraphernalia?
Paraphernalia is defined as all equipment, products, and materials of any kind which are designed for, used, or which are intended by the person charged for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength-testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
Anything can be defined or classified as drug paraphernalia depending on the situation, from a piece of paper to a syringe. Other more noticeable items include syringes, smoking devices, and even a spoon since it can be used for heroin. Cooking scales could also be considered to be drug paraphernalia since it can be used to weigh drugs.
Penalties for Possessing Drug Paraphernalia
Possession of drug paraphernalia is a Class 1 misdemeanor that carries a maximum penalty of 12 months in jail and a fine of $2,500. Paraphernalia charges are associated with other charges and individuals could be charged with this offense if law enforcement cannot charge them with anything else.
Treatment of Drug Paraphernalia Offenses in Colonial Heights
It is rare that a person is charged solely for possessing drug paraphernalia. In most cases this charge would be added to other existing drug charges. This is due to the fact that a paraphernalia penalty would not render anything more than a fine since it is a low-level offense.
Heightened Charges for Selling Paraphernalia
Although drug paraphernalia is a minor offense, the act of selling paraphernalia may be taken more seriously. If a person is accused for selling drug paraphernalia to a minor who is three years younger than them, the charge could increase from a Class 1 misdemeanor to a Class 6 felony, which carries anywhere from zero days in jail to up to five years in jail and a fine of $2,500.
What Rights do People Have Against Paraphernalia Charges?
A person charged with paraphernalia has the same rights as anybody else. The first and most important right is the right to remain silent. Whenever someone is dealing with any kind of charge, especially a possession charge, the Commonwealth has the responsibility and the burden of proving that the person knew what the item was at the time that they possessed it. If they are trying to show that they did not know something was paraphernalia, the best way to do that is by not speaking with the officers. Individuals also have the right to be free from any illegal or unreasonable searches and seizures. These types of unlawful searches are commonly seen in these types of cases.
Get in Touch with a Colonial Heights Drug Paraphernalia Attorney
If you have been accused of possessing drug paraphernalia, you should reach out to an attorney for help preparing a defense. A Colonial Heights drug paraphernalia lawyer could review the circumstances of your arrest and challenge the state in the way they went about your case. To begin discussing the details of your case, be sure to schedule a consultation with a dedicated attorney today.
