If you have been arrested, charged, or cited with Possession of Paraphernalia it is important that you understand the charges against you and what your legal rights are. Idaho takes a strict stance on drug crimes. A conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation.You should not try to take on the criminal justice system on your own.
What Is Possession Of Paraphernalia?
Pursuant to Idaho law, "It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance."
Defining Paraphernalia
Drug paraphernalia is a term that includes any item that can be used in connection with illegal drugs. Drug paraphernalia can be divided into two main categories: those used to distribute drugs and those used to ingest drugs. This distinction can be important, especially since things like ordinary household items such as scales or spoons can be also used in the distribution or consumption of illegal drugs. The circumstances of where the items were found and what they were found with becomes important to the case.
Examples of Drug Paraphernalia
Below is a list of items that may be considered paraphernalia:
- Pipes and bongs
- Rolling papers
- Roach clips (objects used to hold burning materials like rolled cigarettes or joints that are too small to be held by hand)Scales and balances intended to weigh controlled substances
- Equipment designed to test the strength or purity of controlled substances
- Materials or chemicals used to "cut" or dilute the strength of narcotics
- Plastic bags or balloons used to package small amounts of a drug
- Syringes or needles for injecting controlled substances
Advertising or Selling Paraphernalia
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
A Conviction for Possession Of Paraphernalia.
A conviction for Possession of Paraphernalia is no small matter. Upon conviction for possession of paraphernalia, a person may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000), or both. Punishments can also include community service, fines, and even jail time. An experienced Idaho attorney can often help you defeat the charge and keep the matter off your record.
Let me fight to protect your rights, to defend your future, and to preserve your freedom.
I scrutinize every case for police mistakes or misconduct and to exploit the weaknesses in prosecution's case to your advantage.
Beyond a punishment issued by the court, a conviction can be particularly harmful in terms of gaining future employment, state licensing, educational loans, and other benefits.The conviction will show up on background checks and employers tend to be wary of applicants with drug records.
Let me fight for your rights, your freedom, and your future! Call me today for a free consultation.
