Frederick County Drug Paraphernalia Lawyer
In some drug cases, a person could face criminal drug charges even if they did not have any illegal substances in their possession at the time of their arrest. Having drug paraphernalia, any object that can be used to administer illicit drugs, is a criminal activity in itself under state law.
If you are facing drug paraphernalia charges, contact a Frederick County drug paraphernalia lawyer right away. A skilled attorney could work to secure your rights during the legal process and protect your best interests.
What is Drug Paraphernalia?
Paraphernalia is a minor misdemeanor offense that involves anything that can be utilized to consume, package, or handle drugs in any way. These objects include:
- Hypodermic needles
- Glass pipes
- Rolling papers
- Small bags to hold drugs
- Freebasing spoons
The type of paraphernalia can affect the severity of the charges. If law enforcement finds paraphernalia that can be utilized to consume marijuana, the defendant may face less serious consequences than if they were found in possession of paraphernalia associated with heroin.
Paraphernalia charges do not carry jail time for a first offense, but does carry a maximum penalty of a $500 fine. However, a subsequent offense could result in more severe consequences, including incarceration, so it may be beneficial for an accused person to have a qualified legal professional at their side who could help mitigate the penalties.
Defending Against Drug Paraphernalia Charges
The main challenge that law enforcement has in drug paraphernalia cases is proving that the object they found in the defendant’s possession can actually be considered paraphernalia. In these situations, an accused person has a variety of defenses they can choose from to prove that they were not using those objects to consume illegal substances.
When examining the object to determine if it is paraphernalia, law enforcement will take into account if there is drug residue on the object, how close in proximity the object was to drug use, and the prior criminal record of the accused person. A nearby drug paraphernalia attorney could use these same factors to prove that the object found in the defendant’s possession was not being used to consume illicit substances and were actually harmless.
In most cases, a police officer will give the accused person a citation and send them on their way, while sometimes a court date will be necessary to officially resolve the matter. However, this offense is usually a minor one, and skilled legal counsel could ensure that it does not permanently affect someone’s record.
Call a Frederick County Drug Paraphernalia Attorney for Help
Though drug paraphernalia charges are not as severe as other drug-related offenses, it is still important to be familiar with the surrounding laws and the potential penalties. If you are accused of possessing an object that is strongly associated with drug use, you should consult a Frederick County drug paraphernalia lawyer as soon as possible. Having a legal advocate at your side can be crucial during any interaction with law enforcement or judicial proceeding, even if the offense is relatively minor. Call today to schedule a consultation and learn more about your options.