Even if you are not found with any unlawful substance, you could still face serious criminal charges if police find you in possession of “drug paraphernalia.” The definition provided under state law for what constitutes “drug paraphernalia” is extremely broad. Law enforcement authorities have a great deal of leeway when deciding what counts as illicit drug-related property.
Fortunately, help is available from a Gilbert drug paraphernalia lawyer with a track record of success defending these cases. Representation from a seasoned defense attorney at Grand Canyon Law Group can be key to minimizing the potential criminal penalties you face and protecting your rights throughout the legal process.
According to Arizona Revised Statute §13-3415, it is illegal for anyone to use, possess with intent to use or sell, deliver to someone else for intended use, or advertise the sale of any type of “drug paraphernalia.” The statute defines “drug paraphernalia” as any product, material, or equipment intended or designed to be used in relation to illegal drugs in any way, whether its purpose involves manufacturing, processing, testing, packaging, using, or even concealing illicit substances.
Importantly, this statute also lists several factors which courts should consider when deciding whether something constitutes drug paraphernalia, including but not limited to:
Any violation of A.R.S. §13-3415 can be prosecuted as a class 6 felony, which means a first-time offender may face between four months and two years of prison time upon conviction. As our Gilbert drug paraphernalia attorneys can further explain, repeat offenders may be subject to enhanced sentencing ranges.
Many factors in identifying something as drug paraphernalia have room for subjective interpretation. Help from a local drug paraphernalia lawyer can be vital to contesting assumptions by law enforcement and questioning the prosecution’s testimony in court.
Our seasoned attorneys in Gilbert can also investigate whether the police used illegal methods to gather evidence for the drug paraphernalia case. For example, if police officers entered a defendant’s private residence without a warrant or probable cause to suspect criminal activity, any evidence of drug paraphernalia they found while inside would be inadmissible in court since they violated the defendant’s rights.
Drug paraphernalia charges can lead to severe consequences upon conviction. They can also be difficult to defend against without significant legal experience and knowledge of the proceedings. Both these factors make retaining skilled legal representation even more crucial for anyone facing drug-related allegations.
Let a Gilbert drug paraphernalia lawyer at Grand Canyon Law Group handle your case and fight tirelessly to protect your future. We believe you have a way of life worth saving. Call us today to discuss your defense options in a private consultation.