Possession of drug paraphernalia in California is often charged as an infraction or misdemeanor offense. While this may seem minor, certain factors could elevate the charge which could result in harsher penalties, including fines and jail time.
If you were found in possession of drug paraphernalia, you should not hesitate to contact a well-practiced defense attorney. An Alameda County drug paraphernalia lawyer could review your case to determine if your constitutional rights were violated and find weaknesses in the prosecutions case.
What is Drug Paraphernalia?
Paraphernalia as it relates to drugs means that there are items or tools that indicate drug use or use for purposes of consuming drugs. This can include some syringes, scales, rolling-paper residue, and glass pipes. Sometimes it is oil residue and aluminum foil for mixing ingredients, anything that indicates sales or consumption.
Penalties Someone Could Face for Possessing Drug Paraphernalia in Alameda
Typically in Alameda County, if somebody is cited and charged with drug paraphernalia, it falls under Health and Safety Code § 11364. If that charge is filed and pursued, it is often for people who have substance-abuse problems or who are engaging in consumption of controlled substances. Many times, it is charged as a misdemeanor offense that may possibly be resolved in a drug court or through treatment. An experienced attorney in Alameda County could negotiate with a court to minimize or dismiss the potential punishments for possessing drug paraphernalia.
Does the Type of Paraphernalia Impact the Charge a Person May Face?
If the type of paraphernalia is indicative of marijuana consumption, people may be looking at an infraction or potentially not even being cited. This is because, in most instances, marijuana is legal in California.
However, if there are items such as cocaine baggies or crack cocaine base found, the individual will most likely be referred to a drug court. In instances where the paraphernalia indicates drug sales and distribution of a controlled substance, the potential charges could be elevated to drug manufacturing and trafficking charges. As these charges come with harsher penalties, it is often beneficial for people to speak with a local lawyer, even if they are just facing drug paraphernalia charges.
Rights of Someone Facing Drug Charges
California residents enjoy many rights constitutionally and under the law when charged with possessing drug paraphernalia. To explore what the appropriate remedies are for any violations of those rights, it is important for the individual to consult with an attorney who can review the evidence and provide legal advice.
When somebody is caught with paraphernalia, they have the right against self-incriminating under the Fifth Amendment. This means that they do not have to answer any questions or speak about anything they do not want to, and they can demand an attorney to speak on their behalf.
People also have the right to be free from unlawful searches and seizures, meaning they do not have to consent to a search of their vehicle, home, or body. Law enforcement must have a warrant or probable cause for the search to be valid, and if paraphernalia is discovered, the evidence could be used. If the search was unlawful, an Alameda County attorney would have a basis to object to the use of the evidence and file a suppression motion or any relevant motion to exclude the use of the evidence in a drug paraphernalia case.
People also have a right to a speedy trial. If they are in custody, they can get to trial within 30 days, and if out of custody, they can get to trial within 45 days.
Seek Help from an Alameda County Drug Paraphernalia Attorney Today
Even for misdemeanor charges, it is important to seek legal guidance to ensure your rights are not violated. An Alameda County drug paraphernalia lawyer could analyze the charges against you and seek weaknesses in the prosecutions case. A dedicated attorney could determine if law enforcement had a warrant or probable cause to search you and move for a dismissal of the evidence if not. Do not wait. Call our office today to begin working on your case.
