Drug paraphernalia consists of any pipe, device, or instrument that is needed to use illegal substances. As part of its anti-drug laws, the state legislature has criminalized any paraphernalia that individuals may use when ingesting controlled substances, narcotics, and other illicit drugs.
An Alameda drug paraphernalia lawyer may be able to aid in your defense if you are accused of possessing any of these instruments. A skilled criminal defense attorney could review the facts of your case and build a strong defense to meet your particular needs.
Ca. Health and Safety Code § 11364 prohibits the possession of any drug paraphernalia, including any device, instrument, or other items that individuals use to inject or smoke illicit drugs. Common types of paraphernalia may include:
Hypodermic needles and syringes may also be paraphernalia, but not if they have been appropriately disposed of in a sharps waste container. Individuals must have acquired these items from doctors, pharmacists, needle exchange programs, or other sources authorized by law to issues these items without a prescription.
An Alameda attorney could argue against the prosecution, claiming that individuals unknowingly possessed drug paraphernalia. Possession of devices for drug use is a misdemeanor crime under state law, which can result in up to six months in jail and a $1,000 fine.
Aside from possession, other state laws affect the ability of individuals and businesses to take specific actions concerning paraphernalia. For instance, under Ca. HSC § 11364.5, stores that sell drug paraphernalia must keep it in a separate area in which minors may not enter, except when accompanied by a parent or guardian. However, a violation of this section is not a criminal offense, but only a basis to deny business, or other necessary, permits.
H&S Code section 11364.5 contains an exhaustive list of all items that may constitute drug paraphernalia. This includes vials and containers to store drugs, testing equipment to measure the purity and strength of drugs, kits to grow or compound drugs, and balances and scales for weighing drugs.
Courts and law enforcement can weigh various enumerated factors in deciding whether some items constitute paraphernalia within the meaning of this section. An Alameda attorney investigating a drug paraphernalia charge could collect statements by the owners or employees of the objects, prior convictions for offenses involving controlled substances, and instructions that come with the items.
Various other offenses involving drug paraphernalia exist under state law. For example, laws make it illegal for individuals to:
These can be charged as misdemeanor or felony offenses, depending on the situation.
A conviction on charges related to drug paraphernalia can be devastating for your personal and professional aspirations. Avoiding a criminal record that involves controlled substances can be vital to your future success. An Alameda drug paraphernalia lawyer could help protect your future. Call now and schedule a consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!