Glendale Drug Paraphernalia Lawyer

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When police charge someone with possessing illegal drugs, they also often charge them with possessing or selling drug paraphernalia. You could even be charged with possessing paraphernalia if you did not have any drugs on you.

Possessing paraphernalia is a felony and a conviction leads to a criminal record. You need an aggressive drug attorney to defeat the charge. Contact a Glendale drug paraphernalia lawyer for help as soon as you are arrested.

UNDERSTANDING THE DRUG PARAPHERNALIA STATUTE

Arizona Revised Statute § 13-3415 makes it illegal to possess objects and supplies that are used for consuming, selling, distributing, or manufacturing controlled substances and other illegal drugs. It is also illegal to sell paraphernalia and to advertise it. The law lists some items that it considers drug paraphernalia. These include the following:

  • Many varieties of pipe
  • Scales
  • Separation gins and sifters
  • Cocaine spoons
  • Small envelopes and baggies
  • Dilutants and adulterants

The chemicals necessary to manufacture drugs like methamphetamine are not considered paraphernalia. Possession of these chemicals is illegal under the law governing drug manufacturing.

Although the law designates some objects as paraphernalia, police can make a decision about whether a specific item is paraphernalia. For example, there are many reasons someone might have scales, plastic baggies, or capsules. The law describes other indicators police and prosecutors might use to identify an object as paraphernalia, including its proximity to any drugs found at the scene and the presence of drug residue on the object.

RESOLVING DRUG PARAPHERNALIA CHARGES

Probation is a frequent outcome in drug paraphernalia cases. First or second offenders who did not possess substantial quantities of drugs must receive probation rather than jail, according to Arizona Revised Statute § 13-901.01.

Probation is not available if the offender has two prior convictions or if the current charges involve methamphetamine. Anyone who has been convicted of, or indicted for, a violent crime is not eligible for a probation-only sentence.

Some defendants benefit from participation in drug court. The program offers supervised treatment and support to people with addiction disorders who have felony charges. A Glendale attorney could recommend drug court to a client in an appropriate case.

LEGAL DEFENSES TO A DRUG PARAPHERNALIA CHARGE

Resolving a drug paraphernalia case before a trial often offers a favorable outcome, but sometimes, challenging the prosecutor to prove their case is the better strategy. Every case is different, but certain defenses are often effective in paraphernalia cases.

Reviewing the police conduct in obtaining permission to search or obtaining a search warrant often reveals error or overstep. When the police do not respect a suspect’s right to be free of unreasonable searches or seizures, a Glendale attorney can ask the judge to suppress the evidence the police improperly obtained.

Sometimes, the evidence that a suspect used or intended to use an item to consume, store, sell, or transport drugs is weak. Providing alternative explanations for the presence of the items could be an effective defense in some cases.

CONTACT A GLENDALE ATTORNEY IF YOU FACE DRUG PARAPHERNALIA CHARGES

A charge of possessing drug paraphernalia might seem minor, but a conviction generates a criminal record. A Glendale drug paraphernalia lawyer from Grand Canyon Law Group can help you avoid that outcome.

Do not speak with police until you have consulted legal counsel. Call today to set up a free consultation with us.