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Defending Against Philadelphia Drug Paraphernalia Possession Charges
|Last Updated on: 6th December 2023, 11:03 pm
Defending Against Philadelphia Drug Paraphernalia Possession Charges
If you’ve been charged with possessing drug paraphernalia in Philadelphia, you may be feeling anxious and overwhelmed. But there are defenses you can raise to fight the charges. In this article, we’ll break down the law, common defenses, and what to expect if you decide to take your case to trial.
What Constitutes Drug Paraphernalia Under Pennsylvania Law
Pennsylvania’s drug paraphernalia law is actually pretty broad. It covers not just things like glass pipes and bongs, but also more mundane items like rolling papers, small plastic baggies, and even scales (if they also find drugs on you). The law says any items that are “used, intended for use or designed for use” in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance are considered drug paraphernalia.
So even if you don’t have actual drugs on you, having items that could be associated with drug use may be enough. The exception is if you also have a “legitimate” reason for having the items unrelated to illegal drug use. For example, many states require convenience stores that sell tobacco products to also stock rolling papers. So simply having rolling papers wouldn’t necessarily mean you possessed drug paraphernalia.
Penalties for Drug Paraphernalia Possession
A drug paraphernalia possession conviction under 35 P.S. § 780-113(a)(32) is a misdemeanor offense. Penalties can include:
- Up to 1 year in jail
- Fines up to $5,000
- Driver’s license suspension
- Probation
Your actual sentence will depend on your criminal history and the facts of your case. First-time offenders may be eligible for a diversionary program like ARD that allows you to avoid a conviction. But repeat offenders face harsher penalties.
You also face collateral consequences like damage to college financial aid, public housing assistance, employment background checks, and more. So fighting the charges is wise even if you fear the possibility of jail time is low.
Common Defenses to Drug Paraphernalia Charges
There are several defenses Philadelphia drug crimes lawyers frequently use to contest drug paraphernalia possession charges:
Lack of Knowledge or Intent
The prosecution has to prove you knowingly possessed drug paraphernalia with the intent to use it for illegal purposes. If the items were left in your car by someone else or you had no idea the rolling papers or pipes could constitute paraphernalia, this may show lack of knowledge/intent.
No Proof of Drug Use
As mentioned above, if you have legitimate, legal reasons for possessing items the state considers drug paraphernalia, you may avoid conviction. For example, many states require convenience stores to stock certain products — like rolling papers — that are also considered drug paraphernalia under the law. If you manage a convenience store and had rolling papers or small plastic baggies for operating the business, the drug charges could fail.
Illegal Search
If the police find drug paraphernalia through an illegal search, the court may suppress the evidence. For example, if cops search your car without consent or probable cause of a crime, anything they find — including pipes, baggies, or scales — could be excluded.
What to Expect If You Go to Trial
Very few paraphernalia possession cases actually go to trial. Prosecutors know these charges can be hard to prove, so they often extend plea bargains with lighter penalties. They may even agree to drop the charges entirely in exchange for a guilty plea on a less serious offense.
But if you do take your case to trial, the prosecution will have the burden of proving beyond a reasonable doubt:
- You possessed the item(s) in question
- The item(s) fit the legal definition of drug paraphernalia
- You knew the item(s) constituted drug paraphernalia
- You intended to use the items to consume illegal drugs
The state has to meet all four prongs. If they fail on even one, you could win an acquittal.
Your defense attorney may file motions to suppress evidence or statements you made to police. They will also vigorously cross examine the prosecution’s witnesses — like the arresting officers — to undermine their credibility. You may also choose to testify on your own behalf about why you possessed any items in question.
Ultimately the judge or jury must unanimously agree the prosecution met their burden to convict on the drug paraphernalia charges. If even one person votes “not guilty,” the charges will fail.
Get Help From a Philadelphia Criminal Defense Lawyer
Fighting paraphernalia possession charges takes knowledge of both the law and trial strategy. An experienced Philadelphia drug crimes lawyer can fully examine the evidence and identify your strongest defenses. They can also negotiate with the DA for reduced charges or pre-trial diversion programs.
Don’t leave the outcome to chance. The consequences of a conviction can follow you for years. Instead, exercise your rights and put up a strategic defense. A good lawyer gives you the best chance at beating these allegations so you can move forward with your life unhindered. Reach out for a free case evaluation today.