Being a defendant charged with possessing drug paraphernalia in San Mateo County, CA, may not initially sound like a big deal, but it’s important to take this charge seriously. Trying to navigate the laws on your own may leave you confused about possible defenses or outcomes.
Fortunately, we’re here to help; you don’t have to face these charges alone. Ahmed & Sukaram, Criminal Defense Attorneys has more than 30 years of experience, and we’ve won thousands of cases for our clients. Call (650) 299-0500 or contact our San Mateo County possession of paraphernalia lawyers today to get started with a free consultation.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help if You’re Arrested for Possession of Paraphernalia in San Mateo County, CA
If you’re facing possession of paraphernalia charges in San Mateo County, our legal team can provide clear guidance and support. We’ve successfully defended more than 50 criminal cases at trial, and we’ll work just as hard for you. Here are a few ways our San Mateo drug crimes attorneys can help:
- We’ll review the circumstances of your arrest, including police procedures and any searches, to see if your rights were violated.
- If we believe your rights were in fact violated, we will file a motion to suppress any illegally obtained evidence.
- Our lawyers will examine whether the items in question truly qualify as “drug paraphernalia” under California law or if there might be another explanation.
- We’ll negotiate a plea deal with prosecutors to try to get your charges dismissed.
- We will represent you at every court hearing and appearance, including at trial if necessary.
If you’ve been arrested for possession of paraphernalia in San Mateo County, California, we’re here to help. Contact our drug crimes lawyers today to schedule a free case review.
Overview of Possession of Paraphernalia in California
In California, possessing certain items related to injecting or smoking controlled substances can lead to charges of possession of paraphernalia. This usually covers objects like pipes, syringes, and other tools linked to drug use. To prove the offense, the state has to provide evidence of the following:
- Control: You need to have had actual or constructive control over the item. Actual control could be carrying a pipe in your pocket, while constructive control might involve keeping it in your bedroom or another space you have access to.
- Knowledge of Presence: You must have been aware the item was there.
- Knowledge of Paraphernalia: You need to know – or have reason to know – it was intended for drug use.
The prosecutor must prove each of these elements beyond a reasonable doubt in order to convict you.
What Are the Penalties for Possession of Paraphernalia in San Mateo County, California?
Possessing drug paraphernalia in San Mateo County is generally charged as a misdemeanor. If convicted, you could face up to six months in county jail and a fine of up to $1,000. Actual sentencing can vary based on the circumstances, including any prior offenses or other details of your case.
What Defenses Can Be Raised If I’m Arrested for Possession of Paraphernalia in California?
Being charged with a crime is never a pleasant experience. Fortunately, there are ways you can fight back. Below are some of the most common legal defenses used in these cases:
Discovered During an Illegal Search and Seizure
Police generally need probable cause or a warrant to search you or your property. If officers didn’t follow these rules, any evidence they found may be suppressed, meaning it cannot be used against you in court. This can significantly weaken the case against you, sometimes destroying it altogether.
Lack of Knowledge That the Object Was Paraphernalia
Simply holding or owning an item doesn’t always mean you knew it was meant for drug use. You might argue you believed it had another, lawful purpose. Providing documentation or witness statements that point to a different use can challenge the idea that you knowingly possessed drug-related paraphernalia.
The Object Wasn’t Paraphernalia
Not every item that appears suspect is actually tied to drug activity. If you can show that the item was used for something else, the prosecutor may have a tough time showing it was meant for illegal use. Photographs or expert testimony can help explain why the object isn’t paraphernalia.
Diversion Program
In California, people convicted of possessing drug paraphernalia might have the chance to enroll in a drug diversion program. This alternative focuses on rehabilitation rather than jail, requiring participants to plead guilty or no contest and follow through with drug treatment and probation. If you successfully complete the program, your charges will be dismissed.
Your lawyer can determine the best defense to use based on the specifics of your case.
Facing a possession of paraphernalia charge doesn’t mean you have no options. It’s always beneficial to seek legal guidance to explore possible defenses. Our skilled San Mateo County possession of paraphernalia attorneys can review the specifics of your case and protect your freedom. If you have questions or concerns, consider reaching out for help so you can better understand your next steps.
Contact Ahmed & Sukaram, Criminal Defense Attorneys today to schedule a free consultation.