Citrus Park Drug Paraphernalia Lawyer

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Even if you are not found in possession of controlled substances when charged with a drug crime, you may still face criminal charges for being found with materials for the use, storage, or manufacture of controlled substances. When it comes to upgrading a simple possession or paraphernalia charge to “intent to distribute,” what actually qualifies as “drug paraphernalia” can be a surprisingly subjective matter.

When you are facing a drug charge, you have better chances of getting a favorable case result if you have help from a dependable drug defense attorney. A Citrus Park drug paraphernalia lawyer from Grand Canyon Law Group can help you understand what options you have for defending yourself.

DRUG PARAPHERNALIA OFFENSES DEFINED UNDER STATE LAW

Under Arizona Revised Statutes § 13-3415, “drug paraphernalia” is any material, product, or equipment which is designed, intended to be used, or is actually used for the purposes of consuming, producing, processing, testing, packaging, storing, or otherwise using a controlled substance in any way. This statute criminalizes not only the possession or use of drug paraphernalia, but also manufacturing, distributing, selling, and advertising for sale anything that can be considered drug paraphernalia.

This statute gives law enforcement authorities a great deal of leeway when determining whether a particular item is meant to be used or actively being used for drug-related purposes, allowing them to consider any of the following as relevant factors:

  • Previous convictions for drug-related offenses
  • The presence of drug residue on or near the item
  • Proximity of the item to illegal controlled substances
  • Directions for use or advertisements promoting the use of the item for drug-related purposes
  • Any statement made in any context by the defendant about their use of the item

A Citrus Park attorney could explain it is not only possible but common for people to be charged with possession of drug paraphernalia after being found with plastic bags, scales, mixing devices, and other items which have multiple purposes.

WHAT CONSEQUENCES COULD A DRUG PARAPHERNALIA CONVICTION HAVE?

A drug paraphernalia offense as defined under A.R.S. § 13-3415 is a Class 6 felony. This means a first-time offender could face between four months and two years of prison time upon conviction, and repeat offenders may face increased sentencing ranges of nine months to 2.75 years for a second offense, and 2.25 to 5.75 years for a third.

All offenses categorized as Class 6 felonies in Arizona can be treated as Class 1 misdemeanors at the discretion of a court. This would not only would mean less severe maximum sanctions of six months in jail and a $2,500 fine, but would also allow the court to offer probation as an alternative to incarceration for someone being convicted a first or second time of a simple drug possession or paraphernalia offense. A drug paraphernalia lawyer in Citrus Park will go into further detail about the repercussions of a specific charge.

SEEK HELP FROM A CITRUS PARK DRUG PARAPHERNALIA ATTORNEY

Drug paraphernalia offenses can have very different outcomes in court, depending on the circumstances leading up to your arrest and past record of similar convictions. Representation from a former prosecutor now working as a defense lawyer at Grand Canyon Law Group will dramatically improve your odds of preserving your way of life.

A Citrus Park drug paraphernalia lawyer can give you answers to important questions and confidence about how best to protect your rights. Call us today to schedule a meeting.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help