Drug paraphernalia is a charge that often accompanies narcotics charges throughout Pennsylvania inclusive of Bucks County. Paraphernalia is often considered the packaging, such as the small plastic bags that illegal narcotics are placed into, the small scale used to weigh narcotics, and pipes, bond, or other materials used to use the controlled substance.
If you have been charged with drug paraphernalia possession, it is important that you consult an adept drug defense attorney. Your Bucks County drug lawyer can examine the facts of your case, and attempt to build a solid defense for you.
Paraphernalia in and of itself is not a crime. It is only a crime when the paraphernalia is connected to an illegal drug and substance. Merely having a small plastic bag found on one’s person is not a crime and police will not charge that alone. However, in DUIs, if an individual is charged or suspected of being under the influence of drugs and alcohol, that individual subjects themselves to a blood test.
If the blood test shows positive for a particular controlled substance and a small plastic baggy is located within the vehicle with what is determined to be residue, in that case, paraphernalia can be used even if there isnot any of the controlled substance a person has. However, in most cases, individuals who are caught purchasing narcotics and using narcotics have the paraphernalia on their person and the police will obtain it in that fashion.
Drug paraphernalia is often discovered by police during an arrest of an individual. It can be discovered when an individual is stopped while using it, such as a needle, pipe, or other smoking material.
It can also be discovered when police obtain search warrants for locations and they find hundreds of thousands of small plastic baggies, scales with residue, thousands of needles, or other things of bulk which could indicate possession with intent to deliver. Paraphernalia could be obtained and is often put on property receipts, depending on the specific circumstances of the case.
While U.S. currency is often located in larger drug search cases, it is not considered paraphernalia. Paraphernalia is the mechanism that a drug dealer uses to package or create their material, while a user uses the paraphernalia to simply use their particular drug of interest. However, if the paraphernalia was discovered in a way that violates the defendant’s constitutional rights, then a capable Bucks County drug paraphernalia lawyer can use that information to question the validity of the prosecution’s argument, and build the defendant’s case.
Paraphernalia comes into play in most cases when the individuals are charged with possessing drugs with intent to deliver. They package them and put them together in a fashion that paraphernalia is not required for them to continue the sale, therefore, paraphernalia is an additional charge that carries along with possession with intent to deliver.
In possession with intent to deliver cases where search warrants and locations are searched, including vehicles, homes, and places of business, large amounts, packaging material, and mixing agents such as other drugs to make the unlawful drug to even greater volume, and scales or needles, they are added on to the charges of possession with the intent to deliver.
Paraphernalia is graded as a misdemeanor of the second-degree in Pennsylvania, and as such can carry another four years’ incarceration and $5,000 fine. A skilled Bucks County drug paraphernalia lawyer can attempt to mitigate the penalties that an individual may face.
The credibility of a Bucks County drug paraphernalia lawyer and the relationship with prosecutors, police, and the courts comes into play. Knowing the courts, understanding the laws, and applying them in a way that creates a defense are the best manner to protect the person’s rights.
Individuals charged with narcotics offenses in Bucks County have one simple manner in which to fight their case, which is to reach out and obtain the services of an experienced defense attorney at the earliest possible stages. Only then can a person be assured that their rights are being protected and everything is being done to achieve a positive result in their case.