Newport News Drug Paraphernalia Attorney
What Constitutes Drug Paraphernalia in Texas?
Drug paraphernalia is a term that refers to any equipment, product, or material that is used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal an illegal drug. This can include items used to consume drugs, like a pipe or a bong, or items used to make drugs, like a scale or a plastic baggie.
It is illegal to possess, sell, or deliver drug paraphernalia in Texas. It is also illegal to deliver drug paraphernalia to a minor. If you are charged with a drug paraphernalia-related offense, you could face serious consequences. Let our Newport News drug paraphernalia defense attorneys at Ehrenworth Law, PLLC help you fight the charges.
To speak with an experienced Newport News drug paraphernalia attorney, give us a call at (757) 663-4477 or contact us online today.
Penalties for Drug Paraphernalia Possession
Drug paraphernalia crimes can be charged as either a misdemeanor or a felony offense, depending on the specific circumstances of the case. Possession of drug paraphernalia is typically charged as a Class C misdemeanor, which carries a penalty of up to $500 in fines. Selling or delivering drug paraphernalia is charged as a Class A misdemeanor, which carries a penalty of up to one year in jail and $4,000 in fines.
However, if you are accused of selling or delivering drug paraphernalia to a minor under the age of 18, you could face felony charges. This is a state jail felony, which carries a penalty of 180 days to two years in jail and $10,000 in fines. The penalties for drug paraphernalia possession are serious, so it’s important to consult with a Newport News drug paraphernalia defense attorney if you are facing charges.
Can You Be Charged with Drug Paraphernalia if You Don’t Have Any Drugs?
Yes, you can be charged with drug paraphernalia even if you do not have any drugs in your possession. The state only needs to prove that you intended to use the item to consume or produce an illegal drug. If you are found with a bong in your car, for example, you could be charged with possessing drug paraphernalia.
The state does not need to prove that you intended to use the bong to consume marijuana or another illegal substance. Instead, the state only needs to prove that you intended to use the bong to consume a drug. In other words, the state needs to prove that you intended to use the bong to smoke something. It does not matter if the substance you intended to smoke is legal or illegal. If the state can prove that you intended to use the bong to consume something, you could be convicted of a drug paraphernalia offense.
Defending Drug Paraphernalia Charges
There are many defenses that can be used to fight drug paraphernalia charges. For example, if the search that led to the discovery of the drug paraphernalia was illegal, the evidence may not be admissible in court. This means that the charges could be dropped if the state does not have enough evidence to prove that you committed the crime. However, if the search was legal, your attorney can still challenge the evidence.
An experienced Newport News drug paraphernalia defense attorney will know which defenses are most likely to lead to a favorable outcome for you. Our attorneys can help you explore your options and determine the best way to fight the charges.
Expunging a Drug Paraphernalia Conviction
Being convicted of a drug paraphernalia offense can have serious consequences. Not only will you be required to pay fines, but you will also be left with a criminal record. This criminal record can make it difficult to move on with your life. For example, it can make it challenging to find a job or a place to live. However, you may be able to have your record expunged if you were convicted of a drug paraphernalia offense.
How do you get a drug paraphernalia conviction expunged? You must meet the following criteria:
- You completed your probation or jail sentence
- You are not currently facing any other criminal charges
- You are not on probation for another criminal offense
- You were not convicted of a drug paraphernalia offense within the past 12 months
If you meet these criteria, you can file a petition for expunction. Once your petition has been filed, you must attend a hearing in front of a judge. The judge will review your petition and the evidence in your case before deciding whether or not to grant your request. If your request is granted, the judge will sign an order of expunction.
The order of expunction will be sent to the arresting agency, which will be required to destroy all records of your arrest and conviction. This means that you can legally deny that you were ever arrested or convicted of a drug paraphernalia offense.
How Our Drug Paraphernalia Defense Attorneys Can Help
Don’t face drug paraphernalia charges alone. Let our skilled Newport News drug paraphernalia defense attorneys at Ehrenworth Law, PLLC help you fight the charges. We will investigate the details of your case and develop a strong legal strategy that is designed to minimize the consequences you face.
We will also be by your side throughout the legal process to answer your questions and provide you with the support that you need. To learn more about how we can help, schedule a free consultation with our team today.
To speak with an experienced Newport News drug paraphernalia attorney, give us a call at (757) 663-4477 or contact us online today.
