Possession of Drug Paraphernalia lawyer serving Dallas and the surrounding area
The Texas Health and Safety Code offers a broad range of what is considered drug paraphernalia. This gives law enforcement a big window to cite someone with possession of drug paraphernalia.
What is possession of drug paraphernalia?
As defined in Section. 481.125, it is illegal to intentionally or knowingly use or possess drug paraphernalia to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance … or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.”
Possession of drug paraphernalia in Dallas is a Class C misdemeanor, punishable by a maximum $500 fine. You can’t go to jail for possession of drug paraphernalia. So your initial instinct might be to pay the ticket and be done with it. Not so fast.
Paying off the ticket could leave you with significant unintended consequences, including future employment opportunities. If you’re 21 or older, a conviction automatically suspends your driver’s license for six months.
The infraction on your record could also disqualify you from federal student loans, scholarships, state licenses, and employment opportunities.
The defense attorneys at Varghese Summersett can work to prevent any potential ramifications from a possession ticket. Our Dallas possession of drug paraphernalia lawyer will work to resolve the matter with an outcome that keeps your record clean.
We have helped hundreds of professionals and students facing Class C drug paraphernalia citations and are ready to put our expertise to work for you, too.
What is considered drug paraphernalia in Texas?
Generally, drug paraphernalia in Texas refers to items used to process, package, or consume drugs.
These items can include merchandise legally bought at smoke shops and everyday household items often used with drugs. A skillful possession of drug paraphernalia lawyer will investigate the case to determine a potentially reasonable explanation for the possession.
The following are examples of drug paraphernalia:
- Rolling papers
- Small plastic bags
- Roach clips
Why possession of drug paraphernalia gives police probable cause?
If a police officer suspects a driver has recently used marijuana or another controlled substance, a possession of drug paraphernalia ticket is often issued.
A possession ticket can be issued whether or not drugs are found during a search. If both possession of drug paraphernalia and possession of a controlled substance or marijuana are found during a search, the person can be charged with both offenses.
Your possession of drug paraphernalia lawyer will explain the legal consequences of each citation and your best options.
How do I get a possession of drug paraphernalia citation off my record?
You were cited for possession of drug paraphernalia in Dallas? What should you do?
If a clean record is important to you, the Varghese Summersett possession of drug paraphernalia lawyer aims to have citations dismissed, clients acquitted, or have the matter resolved in a manner that leaves the charge expunction eligible.
If you are a professional or student, keeping the citation off your permanent record might be of the utmost importance.
What are possible defenses for Dallas possession of drug paraphernalia?
Prosecutors must prove the object in your possession was used or intended to be used with drugs. Defense attorneys can often attack a possession of drug paraphernalia charge over the validity of actual possession.
If the object was found in your car with multiple passengers, a defense could argue that it was the property of someone else in the car. Keep in mind, however, that Texas follows “joint possession” laws, which means more than one person can be in possession of something. Posession does not mean actual possession.
Also, our possession of drug paraphernalia lawyer will investigate your case to make sure the object wasn’t found as the result of an unlawful search or seizure. If so, our team will work to have the citation dismissed.
Defense strategies often vary from one jurisdiction to another. Our firm will evaluate the facts of your case and lay out the legal options available.
What is the punishment for possession of drug paraphernalia?
Possession of drug paraphernalia in Texas is a Class C misdemeanor and can result in a maximum $500 fine.
Other factors, however, can increase the charge classification. Delivering, possession with the intent to deliver, and manufacturing drug paraphernalia with an intent to deliver is a Class A misdemeanor.
If the delivery was to a minor under 18, it’s a state jail felony.
Also, if you have a Class A possession of drug paraphernalia conviction on your record, a similar ticket could result in a minimum of 90 days in jail. In either instance, it’s vital to hire a skilled possession of drug paraphernalia lawyer with a record of success.
|Offense||Penalty||Possible jail time||Max. Fine|
|Possession of Drug Paraphernalia||Class C misdemeanor||None||$500|
|Delivery of Drug Paraphernalia||Class A misdemeanor||1 year||$ 4,000|
|Delivery of Drug Paraphernalia to a Minor||State jail felony||180 days – 2 years||$ 10,000|
Are you facing Possession of Drug Paraphernalia charges in Dallas? Call us.
Have you or a family member been cited for possession of drug paraphernalia in Dallas?
Don’t let a conviction harm your future. The defense firm at Varghese Summersett has decades of experience fighting for clients with Board Certified criminal defense attorneys and former prosecutors.
Our possession of drug paraphernalia lawyer will work to resolve the matter with the best possible outcome, including making sure the citation does not negatively impact your future.
For a free consultation, call us at 214-903-4000.