According to the federal government, it can be extremely challenging to identify drug paraphernalia because products are often marketed as if they were designed for legitimate purposes. As an example, marijuana pipes and bonds often carry a disclaimer that says the product is only intended to be used with tobacco. While these challenges make it difficult for police officers to make possession of drug paraphernalia charges stick, they can work to your advantage if you have been charged with this crime.
Being arrested in Riverside on charges of possession of drug paraphernalia can be a very frightening, stressful event in your life. You are likely wondering whether the charges will land you in jail and how much damage they will do to your future. Will you lose your current job or be unable to get a job down the road? What will your family, friends, and co-workers think when they hear about the charges? Or perhaps you are entirely innocent of the charges. The drug paraphernalia may have belonged to someone else in your household or someone with access to your vehicle.
Regardless of your situation, you need solid legal assistance, and you need it quickly. The attorneys at the law firm of Greenberg, Greenberg & Kenyon have more than eighty years of combined experience helping people in situations like yours. We have also worked on the other side during our legal careers. This allows us to know every move the prosecutor will make and the best way to help you achieve a positive outcome for the possession of drug paraphernalia charges you are facing.
What is Drug Paraphernalia?
Paraphernalia can include virtually anything a person might use to inject, smoke, or otherwise use an illegal drug. If evidence exists to link them to the use of illegal drugs, even common household items can be included under the umbrella of drug paraphernalia. Objects like a razor blade or a makeup mirror are not inherently drug paraphernalia unless they can be connected to the use of cocaine. Some common items that are considered drug paraphernalia include:
Hypodermic needles and syringes
“Roach clips”
Pyrex test tubes
Glass crack pipes
Lighters
Rolled-up dollar bills
Razor blades
Aluminum foil
Spoons (when there is evidence they are being used to “cook” an illegal drug)
Tourniquets
Rolling papers
Scales, bags, capsules, and balloons (typically used to package and traffic an illegal drug)
Before 2022, you could possess syringes and hypodermic needles legally through prescription. In January 2022, in response to old or dirty needles being used, it became legal in the state to possess an unlimited number of syringes for personal use in California, as well as “safer” drug-use materials when those materials are acquired from a Syringe Service Program. You can also have normal household items like lighters, razor blades, aluminum foil, spoons, bags, balloons, etc., so long as there is no evidence that you are using those items to possess, manufacture, or traffic illegal drugs.
To prove possession of drug paraphernalia in California, the prosecutor must show the following:
The object deemed drug paraphernalia was possessed and used to inject or smoke a controlled substance.
The defendant was aware of the presence of the object.
The defendant was aware the object was used for unlawfully injecting or smoking a controlled substance.
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What Are the Consequences of a Drug Paraphernalia Charge in California?
If you are charged with possession of drug paraphernalia in California, you will face a misdemeanor charge. If convicted of this crime, you could potentially spend up to six months in a county jail and be required to pay a fine as large as $1,000. Even though the offense is a misdemeanor, if convicted, you will have a permanent criminal record that could prevent you from securing employment, renting a home, holding a professional license, or being approved for an immigration visa, green card, or citizenship.
How Can a Criminal Defense Attorney Help Plan Your Drug Paraphernalia Defense?
If you have been charged with possession of drug paraphernalia, you must take these charges seriously, even though they are misdemeanor charges. Since a conviction for these charges could seriously affect your future, your attorney can try to have your charges reduced or dropped based on one of the following:
Your Constitutional rights were violated during your arrest. Perhaps you were not read your Miranda rights, or you were not allowed to have an attorney present during questioning even though you asked for one.
There was no probable cause that you had committed a crime before you were stopped, searched, and arrested. If there was no probable cause, any evidence gathered must be thrown out.
You have proof of legal possession, such as a prescription for syringes and hypodermic needles.
The drug paraphernalia did not belong to you. It may have belonged to another person in your family or a friend you allowed to drive your vehicle.
When a person is arrested for possession of drug paraphernalia, law enforcement may look for drug residue in items they suspect to be drug paraphernalia. If there are sufficient amounts of the drug and it tests positive as a controlled subject, charges could include drug possession. To rise to the level of drug possession charges there must be a useable amount of the drug recovered. Although you may not think a possession of drug paraphernalia charge is a big deal, you must take the charges seriously. Your charges could be increased to include drug possession, which comes with more severe penalties.
Hiring a Possession of Drug Paraphernalia Defense Attorney Near You
If you have been charged with possession of drug paraphernalia, you may be unsure how to find a criminal defense lawyer near you. You need a highly skilled attorney with plenty of experience in this area. You may ask friends, loved ones, or co-workers for a referral, or you may choose to go online and look for a criminal defense attorney in your area. The attorney you choose must be a good “fit” for you and your situation. Trust is essential—the attorney you choose must instill trust in you since you are effectively placing your future in their hands.
Why Hiring a Greenberg, Greenberg & Kenyon Attorney for Possession of Drug Paraphernalia Can Benefit You
Protecting your rights is crucial when you are charged with a criminal offense. You should never plead guilty just to have the matter over with—or because you think the evidence is not in your favor. Whether you are innocent of the charges or there were extenuating circumstances, facing the California criminal justice system on your own can be a stressful, frightening experience.
Criminal law is a highly focused area of the law. When you choose Greenberg, Greenberg & Kenyon, you have taken an important first step in protecting yourself. As we build a solid criminal case on your behalf, we will work hard to identify weaknesses in the prosecutor’s case. Don’t wait and hope for the best. Contact Greenberg, Greenberg & Kenyon today.
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