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Possession of Drug Paraphernalia

Are you facing charges for possession of drug paraphernalia in Los Angeles?

Pursuant to California Health and Safety Code Section 11364 it is a misdemeanor to possess any device that is used for unlawfully injecting or smoking a controlled substance. Common examples of drug paraphernalia include meth and opium pipes and cocaine spoons.

Items used to manufacture, grow, package and weigh illegal substances are also considered paraphernalia. Additionally, up to the year 2021, it is not a crime to possess needles and syringes if they are meant for personal use only and if they have been acquired from a legal source.

If you are facing charges for possession of drug paraphernalia in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Possession of Drug Paraphernalia?

CALCRIM 2410 lays out the elements that the prosecutor must prove for you to be found guilty of possession of drug paraphernalia in California. To be convicted of possession of drug paraphernalia under Health and Safety Code Section 11364 the prosecutor must prove beyond a reasonable doubt that you;

  • Unlawfully possessed an object used for unlawfully injecting or smoking a controlled substance; and
  • You knew of the object’s presence; and
  • You knew that the object was one used for unlawfully injecting or smoking a controlled substance.

Possession: A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it, or the right to control it. This can be either personally or through another person.

How can I defend myself against charges for Possession of Drug Paraphernalia?

Being charged with possession of drug paraphernalia can be frightening and can come with a harsh stigma. A skilled Los Angeles criminal defense attorney can help you defend yourself, protect your reputation and potentially get your case dismissed. Some of the most common legal defenses to possession of drugs for personal use are that;

  • You did not have control or possession of the paraphernalia
  • You did not know that the paraphernalia was used for unlawfully injecting or smoking controlled substance
  • You were unaware that you were in possession of the paraphernalia
  • You were falsely accused
  • The item was not in fact paraphernalia
  • The police conducted an illegal search and seizure under the 4th amendment

Just because you have been accused of, or charged with possession of drug paraphernalia does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth at 424 272 1134 to discuss how to best defend your case.

What are the Penalties for Possession of Drugs Paraphernalia?

Possession of drug paraphernalia is a misdemeanor under California Health and Safety Code Section 11364 offense, and a conviction may result in;

  • up to 6 months in county jail,
  • a maximum fine of $1,000, and/or
  • misdemeanor probation

Can I Qualify for Diversion or Alternative Sentencing?

If you meet certain criteria you may be eligible for drug diversion, or deferred entry of judgement (“DEJ”) in lieu of probation or jail time. This alternative sentence is available under California Proposition 36 and under Penal Code 1000. You will be required to enter a no context plea, and complete terms imposed by the court. If you complete these terms your case will be dismissed. You may be eligible if you;

  • Have never had parole revoked
  • Have no prior convictions for violent or drug related crimes
  • Do not have any felony convictions within the last 5 years
  • Have not competed a drug diversion program within the last 5 years
  • Are not charged with an additional charge that disqualifies you from DEJ

Contact Los Angeles criminal defense lawyer miles booth

It is important to have a professional and skilled defense attorney by your side. Miles Booth has successfully handled a wide variety of drug related cases resulting in a dismissal or a charge reduction.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has handled thousands of cases all throughout Los Angeles County. He has substantial knowledge and experience, and will aggressively fight to get you the absolute best outcome possible.

If you are facing charges for possession of drug paraphernalia in Los Angeles County, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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Contact Miles Booth

Criminal Defense Lawyer
Phone:
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