59.2 million people in the US over 12 have tried using drugs at least once. Illicit drug use is an ongoing war in the US, and possession of paraphernalia can be as severe as drug charges. Drug charges can ruin one’s life and prevent one from finding a home or stable income.
In some cases, it’s an honest mistake. You might have been in the wrong place at the wrong time or going through a difficult time in your life. No matter your case, it’s worth knowing your options if you need to defend yourself in court.
Learn how to get a drug paraphernalia charge dropped in this article.
What to Know About Drug Paraphernalia Charges
Drug paraphernalia is anything used to produce, distribute, consume, or conceal illicit substances. This includes pill bottles, pipes, syringes, or rolling papers. Some states treat possession of drug paraphernalia as a misdemeanor.
This may mean imprisonment for up to one year or fines. However, others treat it as a federal offense, which could mean harsher penalties. Regardless, a drug paraphernalia charge can stain your record.
This can prevent you from finding a good job or home. You may have a difficult time getting financial aid for your education. Even if you know you aren’t guilty, you must take your case seriously.
A drug paraphernalia charge is a serious offense, but it’s possible to get charges dropped with an experienced lawyer. Here are some of your options:
Unlawful Search and Seizure
No officer can enter your home or search your belongings without a warrant or probable cause. This is thanks to the Fourth Amendment under the US Constitution.
Probable cause is a critical factor in making decisions for criminal cases. The arresting officer must prove they had reason to believe you committed a crime before searching or arresting you. The court can disagree with the arresting officer even if they argue they had probable cause.
Talk to your lawyer and tell them all the details regarding your arrest. They might be able to determine if officers obtained evidence during an illegal search. For example, you were initially stopped based on racial profiling.
Your lawyer can use this as a defense and weaken the case against you. In some cases, traffic searches and stops are enough to prove the absence of probable cause.
Violation of Constitutional Rights
All police officers have a duty to read suspects their Miranda rights, regardless of their crime. Constitutional rights violations may include:
- Not reading Miranda rights upon arrest
- Not informing suspects that anything they say can be used against them in court
- Discrimination due to gender, race, or religion
- Preventing suspects from getting lawyers
- Being interrogated after wanting to remain silent
Any violation of your constitutional rights can hurt the case against you. The court will consider any evidence invalid and allow you to walk free. This also applies if an officer continues questioning you without an attorney present after hiring one.
Lack of Intent
Another way to drop your drug paraphernalia charge is to prove the lack of intent to own the equipment. The arresting officer must prove you intended to use the materials or illegal substances. Failure to do so can result in reduced or dropped charges.
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Prove You Had No Knowledge
In some states and occasions, a simple drug paraphernalia case can escalate. Authorities can issue felony drug charges when the substance in question is dangerous. You can get indicted if the amount of the substance you have is higher than recommended.
As a citizen, you cannot know all federal laws related to illegal substance use. Not knowing the regulations can get your case dismissed when proven. However, the dropping of charges depends on the nature of the situation.
For instance, you take marijuana to relieve chronic pain as per prescription. You traveled to South Carolina, where this illicit drug is not legal. As a tourist, it is okay if you do not know the local law.
Show Your Prescription
With research and technology, medical professionals discover new uses for some illegal substances. Marijuana, heroin, and ketamine are a few alternative medications for illnesses. However, only 37 states have legalized the use of these illicit drugs.
Depending on where you live, authorities can charge you for drug possession, despite having no intention of abusing them. If you have a prescription, you can prove you have the right to use these substances.
A valid prescription must contain your doctor’s signature and an NPI or DEA number. When you get a hold of the paper, ask your lawyer how you can drop charges.
Get a Lab Test for the Alleged Drug
Some officers arrest people for having an item that looks like an illicit drug. In this case, the chance of receiving a guilty verdict is low. Presenting something that only “looks like” evidence is not enough to punish you.
Before concluding the case, authorities must test and analyze the alleged drug in a crime lab. If they fail to prove that the substance is an illicit drug, you can get your charges dropped.
Get a Plea Bargain Agreement
You can opt for a plea agreement if you are guilty of possessing drug paraphernalia. It is a settlement method where the suspect agrees to plead guilty in exchange for reduced punishment.
It often results in lower fines and shorter sentences. In some cases, authorities can assign you to a drug treatment program instead of sending you to jail. Consider asking your lawyer if this is a viable approach for you.
Join a Drug Diversion Program
A drug diversion program consists of assessments, education, and counseling. Its purpose is to help you stop using and abusing illegal substances. Attending the program can free you from criminal offenses and keep your record clean.
In some cases, authorities only give you one chance to attend.
How to Get a Drug Paraphernalia Charge Dropped
Regardless of your circumstances, drug-related charges can stain your record and cause you to miss out on certain opportunities. Now that you know how to get a drug paraphernalia charge dropped, look for a drug charge lawyer you can trust.
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