Brooklyn Drug Paraphernalia Possession Defense Lawyers
Possessing drug paraphernalia is a much bigger deal than most people think. Many people forget that something as simple as a pipe that’s dirty can land them in jail. If convicted, they’ll also have a criminal misdemeanor charge on their record. This can lead to difficulty in obtaining or maintaining employment and being subjected to harsh judgement. If you’ve made a mistake and were caught with dirty paraphernalia, you’ll want to contact a skilled Brooklyn drug paraphernalia possession lawyer right away. They’ll be able to help you either beat the charges or significantly reduce the impact on your wallet and criminal record.
What’s considered possession of drug paraphernalia?
The New York Penal Code 220.50 specifically deals with drug paraphernalia as a misdemeanor offense. Click here for the specific penal code(s) pertaining to drug related misdemeanor offenses. In a nutshell, possession of drug paraphernalia relates to the use or sale of any product that’s used to assist in drug usage. This can be anything from a marijuana pipe to excessive amounts of stimulants used to manufacture methamphetamine products. If it’s clearly being used to facilitate drug trafficking, the penalties will increase. This would be items such as scales and packaging used to distribute the product. It’s also illegal to sell equipment or paraphernalia to others regardless of the reason for its use.
The term “dirty paraphernalia” refers to whether there’s resin of some sort on the item in question. Examples of dirty paraphernalia can include syringes that are filled with drugs prior to use, scales with cocaine, methamphetamine, heroin, or any other type of drug resin. If the paraphernalia is dirty, you’ll most likely be charged with a misdemeanor offense. Drug free school zones and other protected areas may also significantly increase the penalties.
The penalty for simple possession of dirty drug paraphernalia can lead to charges of up to one year in jail and a fine of up to $1,000. Selling drug paraphernalia could get you up to two years in jail and up to $5,000 in fines. The penalties for these offenses also increase in school zones and other protected areas.
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(212) 300-5196Possible defenses for drug paraphernalia charges:
Many times, drug paraphernalia may not be dirty; however, the police may attempt to charge you with the offense anyway. The state must be able to prove beyond a reasonable doubt that the item in question has been used for the purposes of illegal drug activity. Simply possessing a pipe or a syringe that’s never been used is typically not enough to prove such a case.
Another possible defense is that the item wasn’t yours. This often happens on a traffic stop where there’s more than one individual in the vehicle. Someone else may get nervous and attempt to “plant” the item near you or within your belongings. In this matter, witnesses and any evidence that the item wasn’t yours are a great help.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were stopped by police in Brooklyn for a broken taillight, and during the stop the officer noticed a glass pipe with residue in your center console. You were arrested and charged with criminal possession of drug paraphernalia under New York Penal Law § 220.50.
Can I really face criminal charges just for having a pipe with residue in my car, even though I wasn't using or carrying any actual drugs?
Yes, under New York Penal Law § 220.50, possessing drug paraphernalia with intent to use it to introduce a controlled substance into the body is a class A misdemeanor, carrying up to one year in jail. However, the prosecution must prove that the item was intended for drug use and not a lawful purpose, which gives us room to challenge the charge. We can also explore whether the traffic stop and subsequent search of your vehicle were conducted lawfully under the Fourth Amendment, because if the officer lacked probable cause to search your console, the evidence may be suppressed. A conviction would leave you with a permanent criminal record, so it is critical to mount an aggressive defense from the start.
This is general information only. Contact us for advice specific to your situation.
For paraphernalia that’s been seized to establish drug trafficking charges, the state must be able to prove that there was a clear intent to use the paraphernalia to distribute drugs. Often, if the police see a large quantity of drugs in a few different packages, they’ll assume that it’s your intent to sell the drugs. If you notified the police that the items were for personal use only, this could significantly help your case. This scenario often happens with those who purchase drugs in bulk to avoid numerous trips and putting themselves in more danger and at a higher risk for being caught.
