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Last Updated on: 24th August 2023, 01:02 am
Attorneys for Drug Paraphernalia Possession in Brooklyn
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.
Possible 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.
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.
How our Brooklyn drug paraphernalia attorneys can help:
Our firm has experience in the New York court system and has successfully helped many clients beat drug possession and paraphernalia charges. We offer a no-risk and no-cost consultation to determine how we’d be able to help. Without a skilled attorney by your side, you’ll be facing aggressive prosecution that could lead to highly unfavorable results. These charges could negatively affect you for many years. A skilled attorney can navigate the complexities of the legal system with ease to prove your case. Get in touch with us online or by phone to set up your consultation, today.
Don’t deal with Brooklyn Drug Paraphernalia Possession Defense Lawyers alone. Speak to the Spodek Law Group today.
Brooklyn Drug Paraphernalia Possession Defense Lawyers
Possession of Drug Paraphernalia in New York
Because the government has declared a War on Drugs, prosecutors want to convict anyone who is involved with illegal drugs. However, there are times when a prosecutor is not able to convict an individual based on the possession or sale of illegal drugs but can for the possession of drug paraphernalia. In New York, prosecutors are able to charge an individual with the criminal possession of drug paraphernalia. If you have been charged with possession of drug paraphernalia in Brooklyn, then it is imperative to seek guidance from an experienced attorney who has experience with drug paraphernalia cases.
Drug Paraphernalia Laws in New York
When drug paraphernalia comes to mind, many individuals think of rolling papers, pipes, and bongs. However, in New York, the laws on drug paraphernalia are focused toward individuals who traffic or sell narcotics. According to New York Penal Code 220.50 and 220.55, the items that are banned include:
- Gelatine capsules
- Glassine envelopes
- Other types of capsules
- Scales or other weighing equipment
Furthermore, a prosecutor must prove beyond a reasonable doubt that the intent for the items was to manufacture, package, or dispense narcotics or stimulants. A prosecutor can also charge an individual if it can be proven that another individual intended to use the items to manufacture, package, or distribute narcotics or stimulants.
Penalties for Drug Paraphernalia Convictions
An individual who has no prior convictions for drug paraphernalia will be charged with the criminal use of drug paraphernalia in the second degree, which is a class A misdemeanor. If convicted, an individual could be sentenced to one year in jail and pay a maximum fine of $1,000.
An individual with a prior drug paraphernalia conviction will be charged with criminal use of drug paraphernalia in the first degree, which is a class D felony. Because this is a felony crime, those convicted of criminally using drug paraphernalia in the first degree will serve a minimum of one year in prison and pay a maximum fine of $5,000.
In addition, an individual who is convicted of a drug paraphernalia charge will have a criminal record that could result in lost opportunities. Although some may feel a drug paraphernalia charge is a minor offense, it could affect educational opportunities, home loans, and employment opportunities.
Defense for a Drug Paraphernalia Charge
For an individual to be convicted of a drug paraphernalia charge, a prosecutor must prove all factors of the charge beyond a reasonable doubt. A prosecutor must prove the accused had the item in his or her possession knowingly with the intent to use the item for illegal behavior.
It can be difficult for the prosecution to prove all the elements surrounding the charge were committed knowingly with intent. There are many instances where the items the individual was arrested with was not intended to be drug paraphernalia.
Those who have been charged with a possession of drug paraphernalia charge should contact an experienced Brooklyn criminal defense attorney immediately. There are times when police officials may make mistakes, such as conducting an unconstitutional search, and a skilled attorney understands how to recognize instances when police officials violate the rights of the accused.
If you have been arrested for possession of drug paraphernalia, get in touch with a Brooklyn attorney with the knowledge and experience that is needed to increases the chances of a positive outcome.