Redwood City Drug Paraphernalia Attorney

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 Redwood City Drug Paraphernalia Attorney

Were you charged with possession of drug paraphernalia in Redwood City, California? A drug-related criminal conviction can significantly affect your life, meaning you should take these charges seriously. 

An experienced Redwood City drug paraphernalia lawyer at Ahmed & Sukaram, DUI and Criminal Defense Attorneys will fight for your rights, reputation, and freedom.

Our legal team has over three decades of combined experience, and we’re dedicated to protecting the accused and ensuring they’re treated fairly. 

Contact our law office at (650) 299-0500 to discuss your paraphernalia charges with a knowledgeable attorney. We’ll listen to your side of the story, evaluate the evidence against you, and prepare an effective defense strategy. We offer a free initial consultation, so don’t hesitate to contact us as soon as possible to get started. 

How Can Our Redwood City Criminal Defense Lawyers Help If You’ve Been Charged With Possession of Drug Paraphernalia? 

How Can Our Redwood City Criminal Defense Lawyers Help If You’ve Been Charged With Possession of Drug Paraphernalia?

Drug paraphernalia possession charges often accompany other drug crimes, such as possession of a controlled substance or being under the influence. Whether you were charged with possessing paraphernalia only or multiple offenses, you should hire an attorney for help.

Our Redwood City drug crime lawyers are here when you need us. We’ve successfully defended thousands of criminal cases and received favorable results for our clients. 

If you hire Ahmed & Sukaram, DUI and Criminal Defense Attorneys for help with your drug paraphernalia possession case, we’ll: 

  • Investigate the prosecution’s evidence to determine whether any weaknesses exist 
  • Gather our own evidence and devise a solid defense tailored to the facts of your case
  • Communicate with the prosecutor as we attempt to have your charges dismissed
  • Negotiate a favorable plea deal if it’s in your best interest
  • Aggressively defend you in court if necessary 

Our Redwood City, CA law firm offers a free, no-obligation case evaluation, so call today to learn more about the benefits of creating an attorney-client relationship. 

Overview of California’s Drug Paraphernalia Law 

California Health and Safety Code Section 11364 makes it unlawful to possess paraphernalia used to inject or smoke illegal controlled substances.

The prosecution must prove the following elements to find a defendant guilty of possession of controlled substance paraphernalia: 

  • The defendant possessed or had control over paraphernalia (an object used to smoke or inject an illegal drug); 
  • The defendant knew the paraphernalia was present; and
  • The defendant knew that the item was drug paraphernalia used to smoke or inject controlled substances.

Possession doesn’t require that the defendant physically hold the paraphernalia. It’s enough that they had constructive control over it or the right to control it themself or through another person. 

California law carves out an exception for people who are in lawful possession of a needle or syringe for their personal use. This may include individuals who need syringes to inject prescribed medications or those who have acquired needles from an authorized physician, pharmacist, or exchange program.

The most common drugs associated with paraphernalia include heroin, cocaine, methamphetamine, fentanyl, and PCP. Marijuana is excluded from California’s paraphernalia law – meaning possessing an item used for smoking cannabis (without more) is not a crime. 

What Is Drug Paraphernalia? 

Any object a person uses to smoke, inject, or otherwise use drugs can be considered paraphernalia. This can include common household items, such as a spoon or tin foil. 

The following items may be regarded as drug paraphernalia depending on the circumstances: 

  • Pipes
  • Hypodermic needles
  • Syringes
  • Bongs 
  • Spoons
  • Tourniquets
  • Aluminum foil 
  • Straws or tubes
  • Plastic bags used to hold drugs 
  • Glass vials 
  • Rolling paper 
  • Smoking masks 
  • Razor blades
  • Roach clips 
  • Cocaine freebase kits
  • Pill bottles

Police are often eager to arrest if they discover or see any of the above-mentioned items in plain sight. However, many of these objects have other purposes, meaning the defendant may not have used them as paraphernalia. 

An experienced drug crime lawyer in Redwood City can prepare a defense if this scenario applies to your case. 

What Are the Penalties for a Possession of Drug Paraphernalia Conviction in California? 

A conviction for possession of drug paraphernalia is a misdemeanor in California and can carry a penalty of: 

  • Up to six months in county jail 
  • A fine of up to $1,000
  • Probation 

Regardless of your punishment, a drug conviction on your criminal record can cause other collateral consequences, including: 

  • The loss of your professional license
  • Difficulty securing a job
  • Problems obtaining loans and housing
  • Immigration issues
  • The loss of child custody and visitation rights

However, you may be eligible to participate in a pretrial diversion program, which could be a favorable option in your case. 

Pretrial Drug Diversion Program

The San Mateo County Drug Court allows eligible non-violent defendants to receive treatment and therapy rather than going to jail. If you successfully complete the program, your original drug charge could be dismissed, set aside, or reduced. 

However, you must meet certain requirements. For example, you cannot have prior charges for violent crimes or selling drugs.  

Our Redwood City drug crime attorneys will evaluate whether a pretrial diversion program is in your best interest. 

What Defenses Are Available for Possession of Drug Paraphernalia Charges?

Some potential defenses to drug paraphernalia charges in California include: 

  • You were legally authorized to possess a needle or syringe for personal use (e.g., your doctor prescribed you an injectable medication)
  • You didn’t possess or have control over the paraphernalia (e.g., it didn’t belong to you)
  • You were unaware that there was drug paraphernalia in the vicinity
  • The object wasn’t drug paraphernalia (e.g., a pipe may be used to smoke tobacco)
  • You weren’t aware that the item was drug paraphernalia (e.g., you didn’t know that a spoon found in your friend’s car was used in connection with drugs) 
  • Your constitutional rights were violated (e.g., the police conducted an illegal search or seizure when they arrested you for possessing drug paraphernalia)
  • Insufficient evidence

Other defenses may apply. We’ll evaluate the circumstances of your arrest – including any other drug-related offenses you were charged with – to determine the best defense strategy in your case.

Contact Our Experienced Redwood City Drug Paraphernalia Attorneys for a Free Consultation 

If you’re facing possession of drug paraphernalia charges in Redwood City, CA, contact a criminal defense attorney in Redwood City at Ahmed & Sukaram, DUI and Criminal Defense Attorneys for immediate assistance. We’ll do everything we can to minimize the potential penalties you’ll face. 

We offer a free case assessment, where we can discuss the drug-related charges against you and offer honest legal advice.

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