Possession of Drug Paraphernalia Lawyer
In the State of California, it is illegal for any individual to possess or have drug paraphernalia, which is a device used to ingest or smoke a controlled substance. If you’ve been charged with possession of drug paraphernalia, you should immediately contact a drug crime defense attorney at The H Law Group; our drug paraphernalia defense lawyers are knowledgeable and have the experience to achieve the best possible legal outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
You should not take possession of drug paraphernalia charge lightly as it is a misdemeanor in the State of California, which carries a maximum jail sentence of up to six (6) months in county jail, as well as a fine of up to $1,000. As such, if you’ve been arrested or charged with possession of drug paraphernalia, please contact a drug crime attorney at The H Law Group to represent you and defend you in court.
What is Drug paraphernalia?
Drug paraphernalia is any device or product that a person uses to ingest or smoke a controlled substance. For example, if you were arrested for using a spoon and needle to inject yourself with heroin, or using a pipe for crack, you may be arrested and charged with possession of paraphernalia. If you find yourself in this unfortunate situation, please contact the drug paraphernalia attorney at The H Law Group to defend you and achieve the best possible outcome for you. If you’re convicted of possession of drug paraphernalia, your conviction may have negative consequences when it comes to applying for jobs as employers will see your conviction if they do a background check, when it comes to finding housing, and when it comes to applying for a professional license. As such, if you’ve been charged with it, contact the best possession of paraphernalia to defend you in court.
Why is the Possession of Drug Paraphernalia Illegal?
Possession of drug paraphernalia is illegal in the State of California, including in Los Angeles, because California Health and Safety Code 11364 makes it a crime to possess any device or instrument that is used to inject or smoke a controlled substance that is illegal in California.
What Does the Prosecution Have to Prove to Convict you of Possessing Drug Paraphernalia?
To prove you guilty of possession of drug paraphernalia, the prosecution must show the following:
- The defendant possessed paraphernalia,
- The defendant used the paraphernalia to smoke or inject a controlled substance,
- the defendant knew of the paraphernalia presence, and
- The defendant knew that it was drug paraphernalia
Examples of Drug Paraphernalia
Here are some examples of objects that are commonly used as drug paraphernalia:
- Glass Pipes
- Aluminum foil
- Roach Clip
- Rolling paper
- Cut up straws
- Razor blades
- Bags used for drugs
- Smoking Masks
Anything a person uses to smoke or ingest a drug can be considered as drug paraphernalia. For example, if an individual uses a piece of foil to heat a drug, that piece of foil is now considered to be drug paraphernalia, and the prosecution can charge and convict you for possession of drug paraphernalia if it finds it in your possession. You can also be charged for possession of drug paraphernalia if you have a container or item that you’re using to conceal controlled substances. If you’ve been charged with possession of drug paraphernalia, you should contact a criminal defense attorney at The H Law Group to defend you for possession of drug paraphernalia.
Penalties for Possession of Drug Paraphernalia
If you’ve been charged with possession of drug paraphernalia, you should contact a Los Angeles possession of drug paraphernalia lawyer to defend you because a conviction comes with hefty penalties. A conviction of this crime carries a maximum jail sentence of up to six (6) months and a maximum fine of up to $1,000. The court can impose informal probation for up to 5 years, as well as community service, and requiring you to attend a drug education program for rehabilitation. If you’ve been charged with or are being investigated for possession of drug paraphernalia, you should promptly obtain legal representation, the drug crime attorney at The H Law Group are ready to defend you in court and throughout the criminal process. Our early involvement in your case could help you avoid the life-changing consequences that come with a drug crime conviction.
Possession of Drug Paraphernalia Defenses
If the facts of your case support doing so, your lawyer may make any of the following arguments:
- You did not have drug paraphernalia – if there is a secondary purpose for the item the prosecution is claiming is drug paraphernalia, your attorney may be able to argue that the item in your possession is not drug paraphernalia and is instead using for a different purpose.
- You were not aware that the item with you was drug paraphernalia – To convict an individual, the prosecution must show that the defendant was aware that the object in his possession was used to smoke or ingest a controlled substance. So, if, for example, you are keeping your friends pipe for safekeeping without knowing that it was drug paraphernalia or used to smoke or ingest a controlled substance, the prosecution cannot convict you of this crime.
- The item was not used to smoke or ingest a controlled substance – some items such as pipes are not necessarily drug paraphernalia, so if you’re using a smoke pipe to smoke tobacco, you can’t be convicted of possession of drug paraphernalia because the object is not being used to smoke or ingest a controlled substance.
- The police seized the drug paraphernalia as a result of an illegal search or seizure – Even if the prosecution is able to prove the previous three elements, it cannot convict of this crime if you can show that the police officers violated search and seizure requirements of the fourth amendment. If your rights were violated, the prosecution would not be able to use the evidence it collected against you.
Drug Diversion Program
The court offers some defendants the ability to have the charges against them dismissed through the drug diversion program. That said, this program is only open to individuals who are charged with non-violent drug crimes. Under this program, a defendant must complete a drug rehabilitation program, upon completion of the program, the judge dismisses the charges against the individual. It’s meant to prevent an individual from being labeled as drug criminals and allows them a chance to change the path they are on without staining their criminal record. However, if a defendant promises to complete the program but fails to do so, the judge may send him or her to jail until they complete the program.
Contact a Drug Crime Lawyer
If you or a loved one has been charged with possession of drug paraphernalia, you should immediately contact a Southern California and Los Angeles drug crime attorney at The H Law Group to represent you in court. Our drug crime lawyers are highly experienced and knowledgeable, and they will do their best to achieve the best possible outcome for you. A drug conviction can have serious, far-reaching consequences on an individual’s life, so it’s imperative that you take this situation seriously and hire an experienced drug paraphernalia defense attorney to represent you and defend you in court.
By hiring the best drug crime attorney, you can find to defend you. The H Law Group has experienced attorneys, some of which are former prosecutors and so they know how the criminal justice system works. They will use that knowledge to achieve the best possible outcome for you with regard to your drug crime charges. Our law firm serves Southern California, including but not limited to Los Angeles County, Kern County, San Bernardino County, Orange County, Riverside County, San Diego County, and the rest of southern California.
Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.