It is illegal under Pennsylvania law to possess drug paraphernalia, which is generally defined as the equipment or products involved in manufacturing or distributing controlled substances. The challenging part of defending these accusations is that the statute is broad enough to make virtually any object “paraphernalia,” depending on the circumstances.
Not only can our King of Prussia drug crimes lawyer help you understand these charges, but we also advise you on the best way to fight back. McKenzie Law Firm, P.C., was founded by a former prosecutor, and we can use that experience to develop the strongest possible strategy. Reach out to our King of Prussia unlawful possession of drug paraphernalia lawyer today to get started.
How Can Our King of Prussia Drug Paraphernalia Attorney Fight These Charges?
Selecting the right defense strategy starts with the facts. The details of your arrest may be very different from someone else’s. There is no one-size-fits-all strategy that will ensure your success. Instead, our defense attorney can carefully review the charges against you and advise you on the right approach.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you possessed drug paraphernalia. At David McKenzie Law, our legal team relies on past prosecutorial experience to determine how we can get the charges against you reduced or dismissed or get you acquitted at trial. Some of the options include:
We Can Argue the Item in Question is Not Paraphernalia
There is a subjective element to these charges. Many items that are commonly considered drug paraphernalia have other legal uses inside the home. We could argue that you had reasons for possessing baggies, sifters, or scales that had nothing to do with criminal activity.
We Could Challenge the Legality of a Search or Seizure
The police have limits on where they can search and what they can take without permission. If the prosecutor intends to rely on evidence found in your home or on your person, the search must be legal.
Our criminal defense lawyers in King of Prussia can challenge the search on constitutional grounds if the police did not have a warrant or permission to enter your property.
We Could Show You Lacked Intent to Possess Paraphernalia
You have not committed a crime if you unknowingly or unwittingly possessed drug paraphernalia. For example, having these materials in a borrowed car or a trash bag is not a crime if you did not know their purpose or that they were in your possession.
The King of Prussia attorney at David McKenzie Law can use evidence like photographs, criminal history, and character witnesses to show that the paraphernalia is not yours.
For a free legal consultation with an unlawful possession of drug paraphernalia lawyer serving King of Prussia, call (610) 680-7842
What Counts as Drug Paraphernalia in King of Prussia?
Possession of drug paraphernalia is a serious criminal offense, but it is not always clear what objects fall into this category. The law, found at 1972 Act 64 Sec. 13(a)(32), describes what paraphernalia may be used for but not what paraphernalia is. As a result, people may be charged with a crime for owning items that are entirely unrelated to the drug trade.
Police will search for and seize any object used for drug-related purposes. However, many of these items also have normal household uses. The key to these cases is context. The police might not arrest you for simply having small plastic bags, but they are more likely to pursue criminal action if those bags are found near drugs, cash, scales, or other potential paraphernalia items.
Some items that may lead to an arrest include the following:
- Pipes
- Vials
- Razors
- Baggies
- Straws
- Vaporizers
- Scales
- Roach clips
- Scales
- Growing supplies
- Sifters
Our lawyer in King of Prussia can work hard to convince the prosecution that you had no intention of using these items for drug-related purposes. Call now for a free consultation to learn more.
King of Prussia Unlawful Possession of Drug Paraphernalia Lawyer Near Me (610) 680-7842
Is Possession of Drug Paraphernalia a Felony in King of Prussia?
The possession of drug paraphernalia is a misdemeanor offense under Pennsylvania law. A conviction could result in a maximum jail term of one year and a fine not to exceed $2,500. David McKenzie Law understands the impact these penalties could have on your life and fights hard to help you avoid the worst punishments you face.
In addition, many people arrested on this charge also face much more serious allegations. Possession of paraphernalia is commonly combined with other drug-related charges that have much steeper penalties. Compared to a misdemeanor, a felony could lead to years in prison on top of heavy monetary fines.
Again, our King of Prussia defense attorney wants to get you back to your normal life as soon as possible. We can employ various strategies and collect all available evidence to cast doubt on the prosecution’s story.
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Does a Possession of Paraphernalia Conviction in King of Prussia Stay on Your Record?
Paraphernalia convictions will stay on your record in many situations. However, under 18 Pa. C.S.A. § 9122, there are some circumstances where our drug crimes attorney in King of Prussia can help you expunge your record, such as when you have not committed a crime for a certain number of years or when you were found innocent in a court of law.
Expungement gives people the chance to get a fresh start in life. It allows you to answer truthfully on job and housing applications that you do not have a criminal conviction on your record.
David McKenzie Law can assist with every part of your case, from seeking expungement to defending you in the Montgomery County Court of Common Pleas. The sooner you allow us to get to work on your case, the sooner you will have constant access to our drug crimes lawyer and get all of your legal questions answered.
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Learn How Our King of Prussia Unlawful Possession of Drug Paraphernalia Attorney Can Fight These Charges
You have the constitutional right to a vigorous defense when you are accused of a crime. At David McKenzie Law, we are proud to defend the accused in everything from paraphernalia cases to serious drug offenses. Let our King of Prussia unlawful drug possession lawyer help you build the strongest possible defense. Reach out right away for a free, private consultation.
Call or text (610) 680-7842 or complete a Free Case Evaluation form
