Drug crimes have serious penalties in San Diego, California, including charges of possession of drug paraphernalia. If you are charged with a drug crime, you need an experienced criminal attorney at your side.
Our experienced trial attorneys at Blair Defense Criminal Lawyers have over a decade of combined experience. Since our founding, we have diligently fought to secure positive outcomes for our clients. Now, we’re here to do the same for you.
Contact us today or call us at (619) 357-4977 to schedule a free case evaluation with an experienced San Diego drug paraphernalia lawyer.
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How Blair Defense Criminal Lawyers Can Help You Fight a Drug Paraphernalia Charge in San Diego, California
Possession of drug paraphernalia is a misdemeanor crime. However, a conviction could result in substantial penalties. It could also result in collateral consequences far beyond fines and jail time. Hiring an experienced drug crimes lawyer is the best way to protect yourself.
When you hire our top-rated San Diego drug crimes lawyers, we advocate for your rights by:
- Investigate the circumstances surrounding the drug paraphernalia charges
- Analyze the evidence the state has against you, allegedly proving the criminal charges
- Develop a defense strategy that gives you the best chance of a positive outcome
- Determine if law enforcement officers violated your civil rights
- Gather evidence to support your defense
- Aggressively negotiate a favorable plea deal if taking your case to trial is not in your best interest
- Argue your case in court and advocate for your rights and best interests throughout your case
Call Blair Defense Criminal Lawyers today to schedule a free consultation with our drug paraphernalia attorneys in San Diego, CA.
Overview of Durg Paraphernalia Laws in California
California Health & Safety Code §11364(a) makes it illegal to possess any device, instrument, object, or paraphernalia used to smoke or inject a controlled substance. Drug paraphernalia includes, but is not limited to:
- Meth pipes
- Aerosol cans
- Cocaine spoons
- Razor blades
- Smoking masks
- Lighters
- Syringes
- Rolling papers
Possession of drug paraphernalia is a misdemeanor in California. The potential penalty for a guilty verdict is up to six months in county jail and/or a fine of up to $1,000. Collateral consequences could include suspension of a professional license, trouble finding a job, and issues related to child custody and visitation.
Legal Elements of a Drug Paraphernalia Charge
The prosecution must prove you are guilty of the legal elements of a crime for a conviction. The burden of proof is beyond a reasonable doubt.
The legal elements of a charge for possession of drug paraphernalia, according to California Jury Instructions CALCRIM 2410, are:
- You unlawfully possessed drug paraphernalia
- You knew you possessed the item(s)
- You knew the objects were used for injecting or smoking controlled substances (i.e., methamphetamine, heroin, opium, cocaine, PCP, and others)
The prosecutor must prove that you had actual or constructive control of the drug paraphernalia. Actual control means that you had the drug paraphernalia on your person or were physically carrying the drug paraphernalia. Constructive control means you had the drug paraphernalia in a location that you controlled, such as a drawer in your home.
The state must also prove that the objects in your possession were drug paraphernalia. Generally, HS §11364 does not cover items that are used for growing, manufacturing, or selling drugs (i.e., scales, capsules, mixing devices, and other similar items). If you have these items in your possession, the prosecutor will likely charge you with other crimes, such as trafficking drugs and other felony drug crimes.
Potential Defenses to Possession of Drug Paraphernalia in San Diego, CA
Our legal team carefully analyzes the factors and evidence in your case to determine an effective defense strategy. Defenses to drug paraphernalia charges include:
The Objects Were Not Drug Paraphernalia
The items in your possession had other legal uses or were not intended to be used with illegal substances. The prosecutor must prove that you intended to use the objects for illegal purposes.
You Were Unaware the Items Were Drug Paraphernalia
This defense is often used when someone has a clean criminal history and there is no evidence of prior drug abuse. Your attorney argues that you purchased the item or received the item without knowing that it was used for injecting or smoking illegal substances.
You Did Not Have Possession of the Items
You did not have actual or constructive control over the item. For example, you were with a group of people, and someone had a crack pipe or there was drug paraphernalia present. However, you were unaware of the items. You could argue that you did not have actual or constructive control of the item.
Illegal Search and Seizure
The police must have a search warrant or probable cause for a search. A judge may order the evidence to be inadmissible in court if the search was unlawful.
Schedule a Free Consultation With Our San Diego Drug Paraphernalia Attorneys
Do not make the mistake of taking drug paraphernalia charges less seriously than other drug offenses. You could face several months in jail, depending on your criminal history and other factors. Spending any amount of time in jail could jeopardize your personal and professional relationships.
Call Blair Defense Criminal Lawyers to schedule a free case review. Our San Diego drug paraphernalia attorneys will fight for your rights to a fair and just outcome in your case.
