Drug paraphernalia relates to any item that might be used in the consumption or storage of drugs. This includes items such as glass pipes, syringes, straws, and other things that are frequently used to consume drugs. An individual arrested for possessing paraphernalia will be charged with a Class 1 misdemeanor offense and will be prosecuted accordingly. If you have been charged with possessing drug paraphernalia, call a dedicated attorney right away. A Fairfax drug paraphernalia possession lawyer could assess your case, inform you on your options, and build a viable defense to argue against the state’s case.
An individual charged with possessing drug paraphernalia is facing penalties as much as up to 12 months in jail and/or a fine of $2,500. However, it is not uncommon for an individual to be facing harsher penalties when arrested for drug paraphernalia possession. When someone has been arrested for a drug-related offense in Fairfax, they can expect charges from the misdemeanor of drug paraphernalia possession to all the way up to drug distribution or possession with intent to distribute. Depending on the quantity of drugs in their possession, the individual could be facing multiple years in prison.
A person charged with the intent to distribute more than a half ounce of marijuana but less than five pounds is facing a Class 5 felony. A Class 5 felony carries a punishment of up to 10 years in prison, a fine of up to $2,500, and a driver’s license suspension. If the individual is charged with more than five pounds of marijuana, they are looking at up to 30 years in prison. Penalties for this type of charge are very serious, which is why it is important for the arrested individual to contact a Fairfax drug paraphernalia possession lawyer.
Many different items could fall within the definition of paraphernalia and, depending on what item is found on the person, that case might be treated more seriously than others. For instance, a syringe might be identified with heroin use and if the state can prove the presence of heroin, then the individual is facing serious charges. As mentioned above, the other items associated with drug paraphernalia include glass pipes, straws, bongs, and rolling papers.
A lawyer cannot lessen or get rid of the charges for the defendant on the basis that they were unaware of paraphernalia laws. Ignorance of the paraphernalia laws will never be a defense for an individual. However, a Fairfax drug paraphernalia possession attorney can mitigate the penalties or have them dropped through familiarity with constitutional issues or other defense strategies that might be available.
Many times, law enforcement discovers drug paraphernalia at a traffic stop. When caught with paraphernalia in Fairfax, it is important for the individual to remember that they always have the right to remain silent. A person does not have to answer the police’s investigative questions. Also, an individual has the right to not consent to a search by law enforcement. Constitutional law requires certain circumstances to be met before a police officer has authority to legally search a person or their property.
An individual facing drug charges in Fairfax should immediately contact an attorney. All drug charges, no matter how small, carry significant consequences. When a Fairfax drug paraphernalia possession lawyer is brought into the case as soon as possible, they can review the case and determine what defense strategies could be successful. If you are facing drug paraphernalia charges, seek the services of a lawyer today.
Northern Virginia Criminal Defense Group
