California courts treat drug crimes very seriously. If you have been charged with possession of drug paraphernalia, you face criminal penalties that could affect numerous aspects of your life. You need an experienced criminal lawyer to handle your defense.
At Ahmed & Sukaram, Criminal Defense Attorneys, our lawyers have over three decades of collective experience, having successfully defended thousands of clients in criminal court. Our practice is dedicated to protecting the rights of the accused in San Jose, CA.
Call Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose drug crimes lawyer at (408) 217-8818. We are available 24/7 to take your call.
How Our San Jose Criminal Defense Lawyers Can Help You if You’ve Been Charged With Possession of Drug Paraphernalia
A conviction for possession of drug paraphernalia in San Jose, California can change your life forever. In addition to drug paraphernalia possession, you may also face additional charges for drug crimes. Beyond jail time and fines, collateral consequences could impact your personal and professional life.
Our attorneys have won over 3,000 cases. You will receive aggressive legal defense and personal attention from a skilled criminal attorney.
When you hire our top-rated San Jose criminal defense lawyers, you can trust they will:
- Investigate the circumstances that led to the drug paraphernalia charges
- Analyze the evidence the prosecution has against you
- Develop a defense and gather evidence
- Negotiate a favorable plea deal with the prosecution if that is in your best interest
- Provide an aggressive defense at trial if necessary
Our attorneys have top ratings and recognition from national organizations, including Avvo, Super Lawyers, and The National Trial Lawyers. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free case evaluation with an experienced San Jose drug crimes attorney.
Overview of Drug Paraphernalia Charges in California
Section 11364 of the California Health and Safety Code addresses the crime of possession of drug paraphernalia. The code makes it illegal to possess paraphernalia that can be used to smoke or inject illegal controlled substances.
The prosecution must prove specific legal elements for a conviction under the code section. Those elements are:
- You had control over or possessed paraphernalia (i.e., an object that could be used to inject or smoke illegal drugs).
- You knew the paraphernalia was present.
- You knew the item was drug paraphernalia and could be used to inject or smoke a controlled substance.
Many people believe that possession means they must have drug paraphernalia on their person to be charged with a crime. However, that is not the case. You can be convicted if the state proves you had constructive control of the paraphernalia or the right to control the paraphernalia yourself or through someone else.
Examples of drugs associated with drug paraphernalia charges include, but are not limited to:
- Fentanyl
- Heroin
- PCP
- Methamphetamine
- Cocaine
Marijuana is not included in the list of drugs that can result in drug paraphernalia charges. Possessing an item used to smoke marijuana is not a crime unless there are other factors present that result in illegal activity.
Penalties for a Conviction of Possession of Drug Paraphernalia in San Jose, CA
Possession of drug paraphernalia is a misdemeanor in California. The court could sentence you to:
- Up to six months in county jail
- Probation
- A maximum fine of $1,000
In addition to the criminal penalties, the collateral consequences of a conviction for drug crimes on your criminal record include:
- Losing a professional license
- Immigration problems
- Losing child custody
- Problems obtaining a place to live
- Difficulty obtaining employment
You may qualify for pretrial drug diversion programs through the San Diego County Drug Court. We can discuss this option to avoid a conviction for drug paraphernalia during a free consultation.
Common Examples of Drug Paraphernalia
Any object used to inject, smoke, or otherwise use illegal drugs could be considered as drug paraphernalia. Therefore, ordinary household items could result in a charge for possession of drug paraphernalia if they are being used with illegal drugs.
Examples of drug paraphernalia include, but are not limited to:
- Pipes
- Bongs
- Aluminum foil
- Syringes
- Tubes or straws
- Hypodermic needles
- Spoons
- Rolling paper
- Tourniquets
- Glass vials
- Smoking masks
- Pill bottles
- Razor blades
- Cocaine freebase kits
- Roach clips
Many of these items can be used for other purposes. For example, the person may have a valid reason for having hypodermic needles (i.e., someone with diabetes), or the glass vials are used in craft projects. You might use this information in a defense.
What Are Potential Defenses to Possession of Drug Paraphernalia Charges in San Jose, CA?
Potential defenses to drug paraphernalia charges include:
- You had a legally valid reason for possessing the item.
- You did not have control or possession of the drug paraphernalia.
- The object was not used for illegal drugs (i.e., a pipe used to smoke tobacco).
- You did not know that drug paraphernalia was present.
- The prosecution has insufficient evidence to prove each of the legal elements of the crime.
- Law enforcement violated your constitutional rights, such as performing an illegal search or seizure.
- You did not know that the item was drug paraphernalia.
Other defenses could apply in your case. Our attorneys will carefully analyze all facts and evidence in your case to develop the best defense strategy.
Schedule a Free Consultation With One of Our San Jose Drug Crimes Attorneys
The sooner you hire a criminal defense attorney, the better your chance of a successful defense. Call Ahmed & Sukaram, Criminal Defense Attorneys today to schedule a free case review with one of our San Jose drug crimes attorneys. Let us help you develop a solid defense against drug charges.