You Could Be Guilty And Not Even Realize It: Drug Paraphernalia Charges
Drug paraphernalia is a serious charge and you could be guilty of it without even realizing it. Many household items can easily double as drug paraphernalia. Unlike illegal drugs, that only have one reason for existence, drug paraphernalia has many potential uses. Some of these are kitchen items or used in other rooms of the household. It’s completely possible for a person who is totally innocent to be charged with the possession of some sort of drug paraphernalia and found guilty of such charges.
Items that are used in conjunction with some forms of illegal drugs could easily be considered to be drug paraphernalia. Here is a list of items that can easily count as drug paraphernalia in the typical household:
- Fancy smoking systems that include bongs and water pipes.
- Glass, metal, and wooden pipes
- Rolling papers
- Razor blades
- Glass Vials
- Roach clips
- Kitchen Scales (especially triple beam and dieters scales)
- Cocaine freebase kits
Drug Paraphernalia Charges
As a DUI lawyer in Houston TX it is clearly obvious that not all of the above-mentioned items are used for drugs. Rolling papers, for example, and pipes can all be used for tobacco. Kitchen scales can be used to weigh foods, this is especially true for dieters and those who can only have specific portions of some foods. Courts will have to prove beyond a shadow of a doubt that the person used the item for drugs as in manufacturing, transporting or even to consume.
To prove this, a court may try and connect the item to other items that are found in the household such as witness testimony, drug residue, and so on. All of this will be compiled to determine whether or not the person was, in fact, using it for drugs or for other purposes in the household.
Penalties for Drug Paraphernalia Possession Conviction
In the state of Texas, possession of such drug paraphernalia is considered to be a Class C misdemeanor. This penalty carries with it the fine of up to $500 under the Texas Controlled Substances Act. Selling such drug paraphernalia is considered to be a Class A misdemeanor and has several potential penalties:
- Up to one year in a prison
- Up to a fine of $4000
Selling the paraphernalia to a minor or committing repeated paraphernalia sales are considered to be felony level charges. Those who are convicted of a felony will face the following potential penalties:
For those who are guilty of repeat offenses, they could face a minimum of time of 90 days in a jail. For selling the drugs to a minor they can face 180 days in jail and up to 2 years in prison as well as a hefty fine of $10,000.
Why you Need A Houston DUI Defense Lawyer To Handle A Drug Paraphernalia Charge
Charges for drug paraphernalia aren’t the same as charges for drugs or possession. If you’re charged you’ll want an experienced DUI lawyer in Houston TX to help you with your case and prove your innocence in a court of law.
As previously discussed, there are many times that such drug paraphernalia can have completely legal uses. You have the legal right to own such items if they’re not being used for drug paraphernalia. If you have a pill bottle and are accused of storying Oxycontin the label itself can prove that you’re legally prescribed the Oxycontin. Keep your labels on to prove you’re innocent. A lot of people have medications that they must take and they also have other items in their homes that aren’t being used as drug paraphernalia.
Drug charges aren’t as simple as they may seem in the beginning. There are a variety of ways that you can incriminate yourself by what you’ve said to a police officer. For this reason, you’ll want a DUI Lawyer Houston TX to help prove your innocence and get your charges dismissed. You’re not a criminal and you should be treated like one. Hire the best and get on with your life. They can prove that you’re innocent and have the right to own such items in your own household.