Los Angeles Possession of Drug Paraphernalia Attorneys
Skilled & Efficient Criminal Defense Representation
The state of California punishes possession of drug paraphernalia as a misdemeanor, which carries the potential of a jail sentence and expensive fines. If you have been arrested for possessing any type of drug paraphernalia, it is crucial that you consult with a seasoned lawyer at Lessem, Newstat & Tooson, LLP to discuss possible legal strategies that will allow you to fight for your rights. We can investigate the facts of your case and explain your options under the law, as well as devise an effective defense against the charges you are accused of.
What Is Considered Drug Paraphernalia?
Under California Health and Safety Code 11364, any type of instrument or device that can be used to smoke, inject, or consume an illegal drug can be considered drug paraphernalia.
Most of the possession of drug paraphernalia cases we handle at our firm involves the following:
- Pipes
- Bongs
- Hookahs
- Syringes
- Spoons
- Rolling papers
- Tourniquets
- Hypodermic needles
- Razorblades
- E-cigarettes
- Pacifiers
- Tinfoil
There are exceptions to the state’s drug paraphernalia laws. For example, it is legal to possess syringes or hypodermic needles if you obtained them from a doctor or exchange program that is authorized by state law.
Proving Possession of Drug Paraphernalia
Prosecutors have to prove the following elements to convict you of possession of drug paraphernalia:
- You illegally possessed an item that can be used to consume or inject a controlled substance
- You knew that the item was actually drug paraphernalia
- You were aware that the item can be used for unlawfully consuming or injecting a controlled substance
Possible Legal Defenses
The criminal defense lawyers at Lessem, Newstat & Tooson, LLP will aggressively represent your best interests with cutting-edge legal strategies. Some of the common defenses used in drug paraphernalia cases include:
- Lack of knowledge
- Absence of possession
- Wrongly identified paraphernalia
- Legal possession
- Miranda rights violation
- Illegal search or seizure
To schedule your case consultation with our legal team, please give us a call today at 888-860-0643.
