DRUG PARAPHENAILIA DEFENSE ATTORNEYS
THEY WRITE IT - WE FIGHT IT!
DO NOT TAKE A DRUG PARAPHERNALIA CHARGE LIGHTLY!
You get pulled over for a traffic violation and the officer sees some items in your car which leads to a drug paraphernalia charge. A drug paraphernalia charge can be a class C, class B or a class A misdemeanor depending on the items found.
CLASS C MISDEMEANOR
Under Texas Law, drug paraphernalia is a class C misdemeanor if you use or possess an item that can be used to inject, ingest, inhale or introduce controlled substances into your body. It is also a class C misdemeanor to use or possess items that can be used to plant, grow, harvest, process or conceal a controlled substance. Typical items include cigars, rolling papers, bongs, roach clips, hookahs, needles, spoons, balloons, scales and baggies with residue. The prosecution must show that the item was used or intended to be used in conjunction with a controlled substance.
Class C drug paraphernalia charges have a punishment range of up to a $500 fine and no jail time. Because drug paraphernalia charges appear to have minimal consequences, some people feel it is better to just plea the case to “get it over with.” This can be a serious mistake and pose problems for your future. Once a drug paraphernalia conviction is on your record, there is no way to get the offense off of your record.
CLASS A or CLASS B MISDEMEANOR
Most drug paraphernalia charges are filed as Class C misdemeanors; however, the charges can be enhanced to a class B or a class A misdemeanor if it can be shown that you deliver, intended to deliver or manufacture with intent to deliver drug paraphernalia. These charges carry a jail sentence and significantly higher fines.
After an arrest, you will be brought before a magistrate and most people will plead no contest or guilty. This will result in a conviction and a permanent record of the charge and arrest. We can have this plea set aside; however, we must make this request within 10 days of the plea. If you made a plea in jail, you need to contact us immediately.
The most common question that we get is how will this drug paraphernalia charge affect my future? If your case is dismissed, though either a straight dismissal or after successful completion of probation or deferred disposition, you may be able to apply for an expunction of the charge. You can also apply for expunction if you are acquitted or found not guilty at trial. An expunction is a separate action where the court orders the records related to the charge are to be destroyed. This includes arrest records and reports. After expunction, you can also legally deny that the drug paraphernalia charge occurred. This is important when completing applications for jobs, schools, housing or financial aid/loans.
Click here for more information on expunctions.
If you have been charged with drug paraphernalia by contact in Fort Worth, Arlington, Dallas or one of the surrounding cities, a criminal defense attorney at Hawkins & Walker is ready to help you with legal advice and representation and help fight to keep your record clean.
Looking for help with a drug paraphernalia charge? Schedule a Free, Confidential Case Evaluation with one of our award-winning criminal defense attorneys.
If you are facing serious criminal accusations, whether a felony or misdemeanor, state or federal offense, one of our criminal defense lawyers can help you understand your legal options. We are committed to pursuing justice on behalf of all our clients, no matter how difficult or complex your situation may be. We offer completely confidential, cost-free case evaluations to learn more about the specifics of your circumstances.
Call 817.877.3355 or click the contact button below to start fighting your drug paraphernalia charge now.