Proof of constructive ownership depends on connecting the dots to form the image of your utensil ownership, but what if the dots are missing or the investigators connect the dots incorrectly? What if the utensils were in a common area of your home like the kitchen, but other people also lived in the house? To convict you, it is up to a prosecutor to prove beyond a doubt that you were in possession of the utensils. If points are missing or if your defense attorney can show that they can be joined together to form a different picture, you may be able to contest the possession charge. It is important to remember that the prosecutor has the burden of proof for the charge of intent to sell drug paraphernalia. To obtain a conviction, a prosecutor must prove that you knew that the object(s) would be used to prepare, transform, ingest, cultivate, process or otherwise introduce an illegal controlled substance into the human body. The prosecutor must also prove that you had knowledge and control of the items or that you authorized them on your property. If you are convicted of a drug paraphernalia offence, you will be punished with fines of up to $5,000, jail time of up to 90 days, or both. However, you can expect harsher sentences depending on whether you have already been convicted of a drug offence. These include heroin, cocaine, crack, methamphetamine, marijuana or any other type of illegal drug. Possession of drug paraphernalia is an uncleared offence. Once convicted, a person can be sentenced to up to one year in jail, a fine of up to $2,500, or both.
However, it is extremely important to note that a conviction for possession of drug paraphernalia does not result in a driver`s licence suspension. Pennsylvania law prohibits the use or possession of drug paraphernalia with intent to use them for planting, propagating, growing, growing, harvesting, manufacturing, preparing, preparing, producing, processing, preparing, testing, testing, packaging, repackaging, storage, containment, concealment, injection, ingestion, inhalation or any other introduction of a controlled substance into the human body. 35 pa. Stat. Ann. ยง 780-113(a)(32) Under Pennslvania`s law, “drug paraphernalia” can be almost anything used to ingest or store illicit drugs. If you have been charged with possession of drug paraphernalia, contact Rehmeyer & Allatt for a free consultation as part of their probation, and the judge will order them to complete the drug rehabilitation. Once the charge is successfully completed, the judge will dismiss the charges. In addition, a conviction means that you have a permanent criminal record.
A drug-related conviction on your record may affect your ability: For licensed defendants, such as real estate agents, teachers, lawyers, a conviction for possession of drug paraphernalia could result in the loss or suspension of their licence. The good news is that if you are convicted of a drug possession offence, the conviction can be erased from your record within five years, provided it is determined that you are eligible. If you or someone you know has been arrested for drug offences, you need the help of a lawyer who has successfully defended many clients against these allegations. Nate Amendola Defense deals exclusively with criminal cases and offers a free initial review of cases to find out where you stand. Contact us today to start building a personalized and aggressive defense. If convicted of an offense under Health and Safety Act 11364, legal penalties can include six months in the county jail, a fine of up to $1,000, community service, probation and a drug rehabilitation program. Considering that actual drug possession in California can be a minor offense, it appears that possession of drug paraphernalia is also considered minor under California law. However, if you are charged with possession of drug paraphernalia, you may actually receive harsher sentences than if you were cited for other controlled substances.
It is essentially defined as any type of equipment or material that is modified to manufacture, use or hide illegal controlled substances. How this drug offence is filed by a prosecutor depends on whether the paraphernalia in your case was for individual use or drug trafficking. Other factors include whether illegal drugs have been found in your possession, the amount of illegal substances, the criminal record, and whether the defendant has ever been convicted of drug-related offences. Possession of drug paraphernalia is a crime in California. If convicted, you face up to six months in jail time. In addition, you may have to pay a fine of up to $1,000. A conviction for a drug paraphernalia crime or other drug-related crime will likely mean spending time in jail, with the most serious crimes putting you in jail for decades. To determine your sentence, the judge takes into account not only the classification of the crime, but also your criminal record.
If you are a non-violent offender for the first time, your sentence will be less severe than if you have a criminal record. If you commit a Class B, C, D or E offence and you also have a substance abuse problem, you may have the option of going to drug treatment court. Upon successful completion of the Drug Treatment Court program, criminal charges against you may be reduced or dismissed. The court may offer this program in lieu of a prison sentence. It is available to accused persons who have committed a non-violent drug offence. This type of court decision falls under California`s Proposition 36, Penal Code 1000, of drug diversion, known as “late submission of judgment.” When an accused enters a drug-related distraction program, he or she pleads “no dispute.” A vendor`s own paraphernalia would include all items used by a trafficker to prepare portions of drugs for sale on the street, including scales and bags. You may believe that if you were in possession of drug paraphernalia even if you did not possess illegal drugs, you have no choice but to plead guilty. It is important that you consult an experienced lawyer who can fight on your behalf, whether your case goes to court or not. Evidence may have been obtained illegally by the police; They can be completely innocent. The fact is that hiring a defence lawyer with experience in criminal law can make a significant difference in the outcome; Our goal is to protect your legal rights and freedoms so you can look forward to a bright and productive future.