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Most drug charges in Tolleson center around the possession or sale of illegal substances. However, many people do not realize that the possession of otherwise legal items may be a criminal offense if police and prosecutors can link the use of those items to the drug trade. You may be surprised to learn that you face criminal charges, even if you never touched, possessed, or sold an illegal substance.
A Tolleson drug paraphernalia lawyer can help if you face these types of allegations. The diligent attorneys at Grand Canyon Law Group will work to protect your rights and question the legality of any searches that may have led to the arrest.
One cornerstone of the State’s Penal Law is that it is illegal to possess certain items. Dangerous weapons, obscene materials, and controlled substances are all common examples. However, police can also arrest a person for possessing an otherwise legal substance if they have probable cause to believe a person will use that item to commit a crime. Drug paraphernalia falls under this category.
According to Arizona Revised Statute § 13-3415, possessing the following substances may lead to criminal charges:
Possessing something as innocuous as an envelope or a kitchen scale could lead to criminal charges if the police believe that a defendant uses that item to aid in the drug trade. Our Tolleson drug paraphernalia attorneys can refute the idea that these common items lead to probable cause for an arrest.
A major issue in drug paraphernalia cases involves the police’s authority to search a person’s possessions. We all have the right to privacy under the 4th Amendment. Police can only conduct searches if they have probable cause to think that evidence of illegal activity is present on a person’s body or property.
Many drug paraphernalia cases center around the legality of a search warrant. To successfully obtain a warrant, police officers must swear to a judge that there is probable cause to believe information about a crime exists on a person’s property. In drug paraphernalia cases, this is often evidence of drug distribution. A drug paraphernalia lawyer at our firm can help defendants dispute the legality of these search warrants.
Similarly, police cannot stop a person on the street and demand that they empty their pockets. They must witness a crime taking place to stop and search a person. One common scenario is a traffic stop where police ask to search a vehicle, which may reveal evidence of drug paraphernalia. Our drug paraphernalia attorneys can help fight against these searches and any evidence they uncover in court.
Cases centered around drug paraphernalia can be complicated. The items in question in these cases are not illegal on their own. Instead, a police officer or prosecutor believes these items are connected to drug distribution.
A Tolleson drug paraphernalia lawyer will work to dispute the prosecution’s case and fight for your rights throughout the legal process. The team at Grand Canyon Law Group can argue that you never had any exposure to the drug trade and that your possession of these items was mere circumstance. Our diligent attorneys can also argue that the police work that led to the arrest violated your right to privacy. Contact us today to discuss your case.