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Are You Accused of Possessing Drug Paraphernalia? Know Your Rights

Drug paraphernalia possession can lead to criminal charges, so anyone that has been caught or cited needs to hire a criminal lawyer for representation. If you were picked up by the police and they found drug paraphernalia on you, your lawyer is going to try to justify the use of the items, or prove that the authorities performed their search illegally.

What you had on you, how many times you’ve been accused of drug related crimes, and how you were searched are going to play important roles in your case. Here are a few things to know before you speak with your criminal attorney.
Types of Paraphernalia

The type of paraphernalia and if it has been used can help or hurt your case. Possession of the following items could lead to charges:

  • Bongs and water bongs
  • Pipes or chillums
  • Cocaine freebase kits
  • Papers for rolling joints
  • Miniature spoons

These are just a few of the different types of paraphernalia that are often found on people. Some items like papers could be defended as needed for the use of rolling cigarettes, other items like bongs may be more difficult to defend.
Defense Potential

The authorities often make mistakes when confronting and searching someone for illegal drugs or paraphernalia. Your lawyer is going to use these mistakes to get you out of the charges if possible. Here are a few defense strategies the criminal lawyer may be able to use:

  • Illegal entry without a warrant
  • Improper search tactics
  • Entrapment
  • Harassment of a citizen

These are just a few options that could play 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 out in the open, and they weren’t found specifically in your possession, the officers are assuming that the items are yours, and that shouldn’t be enough evidence for them to cite you.
Consequences and Charges

Being proven guilty could leave you with a fine, a jail sentencing, probation, required community service, and required drug rehabilitation treatment or classes. If the defense attorney can’t eliminate the charges because of strong evidence, they may be able to work a plea deal with the prosecution to get the charges reduced.

If the items were found in a vehicle that you own, you could be looking at more than one type of charge. You don’t want drug charges on your criminal record for a lifetime, many employers and job professions won’t employ people with drug charges, and your charges will be posted in the public newspaper.

One of the first things you need to do when your paraphernalia has been taken by the authorities is to call a criminal lawyer. Don’t answer any questions or talk to anyone until you have the lawyer handling your case and telling you what to say and do. Your lawyer will work hard to gather the evidence needed to get the charges completely dropped if possible, so you can put the crime behind you and move on.

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