What Does It Mean to Face Drug Paraphernalia Charges in Arizona?
Arizona Revised Statutes ARS §13-3415 defines possession of drugs as the unlawful ownership or use of any illegal drugs, whether street drugs or prescription medications that are not yours. Criminal defense lawyers in Yuma say drug paraphernalia includes anything you might use to cultivate, store, prepare, make, sell, transport, contain, consume, or inject illegal drugs.
The broad definition covers items like scales, grinders, needles, baggies, rolling papers, capsules, straws, aluminum foil, pipes, and spoons. Depending on the case specifics, drug paraphernalia charges can be a misdemeanor or felony.
If the prosecution decides to charge the crime as a misdemeanor, your case will be heard in a justice or municipal court. They will file the case in a superior court if they decide to charge you with a felony. Seek the help of experienced Yuma drug crime attorneys to help you beat the charges.
What Are the Penalties for Drug Paraphernalia Charges?
Before police officers charge you with a drug paraphernalia possession offense, they will consider how they found different objects and their proximity to any illegal drugs. For example, you may not be charged with drug paraphernalia if you’re found with sandwich bags stored with other food items in your kitchen drawers.
However, you could be at risk if you have stored the sandwich bags with a kitchen scale, aluminum foil, rolling papers, and a large amount of cash. Contact drug crime lawyers in Yuma immediately to help you navigate the murky waters.
The penalties of drug paraphernalia charges depend on the case specifics, whether you are facing a misdemeanor or felony charge, and your criminal record. They may include the following:
Misdemeanor Drug Paraphernalia
If law enforcers only caught you with drug paraphernalia and didn’t find any usable quantity of drugs, you could be charged with a misdemeanor. A conviction could earn you the following penalties:
- Imprisonment of up to six months, if the offense is not a first or second-time offense
- Fines and surcharges of up to $3,600
- Probation of up to three years
- Frequent screening for substance abuse
- Mandatory drug counseling and classes
If you have a limited criminal history, you could be allowed to participate in a deferred prosecution or diversion program at the prosecutor’s discretion. Upon completing the program, the court will withdraw the charges and dismiss the case. Experienced drug crime lawyers in Yuma can bargain with the prosecutor on your behalf to secure your admission.
Felony Possession of Drug Paraphernalia
If the prosecution charges you with a felony ownership of drug paraphernalia, it will be a class 6 felony. They will likely include one or more other drug possession charges involving narcotic or dangerous drugs. Felony charges for possession of dangerous or narcotic drugs may attract class 4 felony penalties if you’re convicted.
For first or second-time felony drug paraphernalia charges, the court can’t sentence you to prison, according to Proposition 200. The penalties may include:
- Drug treatment and classes
- Fines
- Probation
- Counseling
- Community services
However, Yuma criminal defense lawyers say you will not be eligible for the Proposition 200 provision if the following apply to your case:
- Law officers found methamphetamine in your possession in addition to the paraphernalia
- You have two or more previous drug convictions
- You have a violent criminal conviction on your record
Under these conditions, you risk being sentenced to serve up to one year in jail with probation or up to 5.75 years in prison. The period of imprisonment depends on your criminal history. It’s also vital to note that previous felony convictions that only resulted in probation may be counted as “historically alleged felony convictions” for sentencing purposes.
What Are the Collateral Consequences of a Drug Paraphernalia Conviction?
The penalties for a drug paraphernalia conviction extend beyond the fines and potential jail time. A drug conviction can permanently remain on your criminal record, and in most cases, can’t be expunged. A criminal history can significantly ruin your reputation and various opportunities in life:
- Loss of professional licenses
- Risk of deportation
- Risk of losing child custody and visitation rights
- Suspended driver’s license if the case involves a DUI
- Inability to register or carry a firearm
How Can I Defend Myself Against Drug Paraphernalia Charges?
Drug crimes don’t have to result in severe legal and collateral consequences. Aggressive drug crime lawyers in Yuma can work on your case to help you devise a solid defense strategy against the charges. Possible defenses include the following:
- Entrapment: You could argue that an officer of the law trapped you into committing the crime, or someone planted the paraphernalia on you.
- Lack of intent: The prosecutor must show beyond a reasonable doubt that you intended to commit the crime. Your lawyers can help you disprove the claims.
- Plea for a suspended sentence: You could ask the court to put you on probation to avoid having the original sentence enforced.
- Plea for a drug diversion program: Your lawyers could help reduce the impact of the conviction by negotiating for a drug diversion program instead of prison.
A Skilled Drug Crime Attorney Helping You Beat Drug Paraphernalia Charges
Drug paraphernalia charges can result in stiff legal penalties, including a possible jail term and hefty fines, depending on the case specifics. Yet, just because you had a particular object doesn’t mean you intended to use it for drug-related offenses. Skilled criminal defense lawyers in Yuma can help you navigate the intricacies of the charges to protect your rights.
Citrine Law is a reputable law firm with dedicated Arizona drug crime lawyers who can help you beat drug charges. We have many years of experience in drug crimes, and we can put our best foot forward to help you fight for a favorable outcome. Call us at (928) 955-7191 for a FREE consultation.
