If police officers find drugs when conducting a search, they may arrest the person who allegedly possessed those drugs. Occasionally, police officers may even decide to arrest people for items associated with drug use, cultivation, manufacturing or distribution.
Even when they do not find actual drugs, they could pursue paraphernalia charges against a person who has items associated with the drug trade. Some paraphernalia may have actual drug residue on the items, while others could be household items that have an association with drug use or trafficking.
Without drugs present, are allegations of paraphernalia possession a serious matter?
Possession of paraphernalia can be a felony
Depending on the circumstances, people accused of a paraphernalia offense could be at risk of felony charges. The state can bring Class A misdemeanor charges for paraphernalia possession, which carry up to a year in jail and $500 in fines.
If the defendant has a prior conviction, the state may have grounds for felony charges that carry between one and five years in prison, as well as $10,000 in fines. Especially in cases where items have detectable drug residue or the defendant has a prior drug-related conviction on their record, the possibility of the state bringing charges is a serious concern.
Those accused of a paraphernalia possession offense likely need support from a defense attorney. Looking over the state’s case and any prior criminal convictions with a lawyer can help those facing drug charges choose the best path forward.
Those facing drug-related charges can schedule a consultation to discuss defense options with the Law Office of Marvin Knorr & Associates by calling 859-267-6655 or clicking here.