Montgomery County Drug Paraphernalia Lawyer

Possessing drug paraphernalia in Montgomery County is considered a serious offense in Montgomery county. Individuals who are charged with possession of paraphernalia are arrested or given a summons, which is the same process as any other drug offense. Drug paraphernalia is usually discovered as part of a stop and frisk type of search. Law enforcement officers will stop someone, and during conversation decide they need to pat them down. During the pat-down, the officers might find bulges or sharp objects and recover paraphernalia such as a needle or drug packages. Often, paraphernalia is discovered during car stops such as a prolonged traffic stop or driving under the influence stop.

If you have been charged with possessing drug paraphernalia, let a knowledgeable drug attorney help your case. A Montgomery County drug paraphernalia lawyer could review the facts of the case, determine if the search was lawful, and build a strong defense.

What is Paraphernalia?

Drug paraphernalia does not have a specific list of items that are outlawed. Narcotics paraphernalia is described as any device used for the purpose of:

• Planting
• Propagating
• Cultivating
• Growing
• Manufacturing
• Converting
• Packaging
• Testing
• Storing
• Injecting
• Ingesting or inhaling
• Or otherwise introducing into the human body a controlled substance

Often, this means that many items that might otherwise be legal are considered drug paraphernalia if they are used for that purpose. It could include:

• Cigarette rolling papers
• Pipes
• Bongs
• Vaporizing devices
• Baggies
• Scales
• Syringes
• Razors
• Mirrors, depending on the circumstance.

Individuals should speak to a Montgomery County drug paraphernalia lawyer if they are unsure about the charges and what constitutes narcotics equipment.

Penalties for Possessing Drug Paraphernalia in Montgomery County

Someone charged with drug paraphernalia is facing a misdemeanor charge with a potential prison sentence of up to one year, along with a $2,500 fine. The type of drug paraphernalia and the related substance could affect the judge and the prosecutor’s perception of the case. The judge and prosecutor might view certain paraphernalia as indicating a morse severe drug problem requiring more extreme rehabilitative or punitive measures. A diligent drug attorney in Montgomery County could build a defense to help mitigate the consequences of a conviction.

Understanding Rights Following a Narcotics Charge

A person should know in Montgomery County, that they have all the same rights as any other person being charged with a crime including:

• The right to speak to a lawyer
• The right to not give consent to search if asked for it
• The right to not answer any questions including where the paraphernalia came from, why they have it, what is it for, if they knew it was there

Those are all questions that could hurt someone at the time of trial if they answer them. Individuals also have the right not to be searched unlawfully or illegally. The circumstances of how they were stopped and why they were stopped are essential, as it could lead to the suppression of evidence if it was an unlawful stop and search.

Speak to a Montgomery County Drug Paraphernalia Attorney Today

An attorney can fight the paraphernalia charge if the prosecution does not have enough evidence to prove that the defendant knew of the paraphernalia and intended to have possession of it. If there are some baggies, scales, or bongs in a person’s car and they were not aware of them, this could be a defense for them. For each case, it is specific to the facts of where paraphernalia is found and what the officers observed at the time of the arrest. Anyone facing these charges should consult a Montgomery County drug paraphernalia lawyer about these specifics.

Call today to schedule a consultation.