Drug Paraphernalia Defense Attorney
The charge of Possession of Drug Paraphernalia carries a maximum sentence of 1 year incarceration or probation and/or a $2500 fine. Typically, I see defendants given 1 year of probation for a drug paraphernalia conviction. However, if you have a prior criminal record, jail time is always on the table. Keep in mind the sitting judge has discretion hand down whatever sentence he or she believes is fair as long as the judge places the reasons for the sentence on the record and does not sentence you beyond the maximum sentence permitted by law. If this is your first offense for drug paraphernalia you may be eligible for the ARD program which would result in dismissal of the charges after completion of the program.
A Drug Paraphernalia Conviction could Result in Double the Probation Time and Double the Headaches!
If caught possessing a controlled substance, in addition to charging you with possession of the drug itself, the police may charge you with possessing the paraphernalia or packaging material that you used to store or transport the drug. For example, if an citizen is caught with crack cocaine contained within a plastic baggie, he or she may not only be charged with possession of the crack cocaine but also may be charged with possession of the baggie itself. This charge is known as drug paraphernalia. Consequently, the District Attorney’s Office could ask for a sentence on both charges. This could result in double the penalty. A trained drug paraphernalia defense attorney can fight against the stacking or aggregating of offenses in two ways: 1) negotiating with the District Attorney to drop one of the charges; or 2) by asking the judge to run the sentences for each charge concurrently. This will keep the accused from facing double the penalty. If hired as your attorney, I would work hard to keep you from facing increased penalties and spending an additional 12 months on probation.
Contact Jason R. Antoine, Drug Paraphernalia Defense Attorney if you or someone you know faces charges of possession of drug paraphernalia.