Drug paraphernalia in Odessa could consist of anything that is used to help the person consume or use the illegal drug. While authorities might mistakenly charge a person with having equipment used to make or consume illegal substances, an Odessa drug paraphernalia lawyer could help fight such allegations. Reach out to a seasoned defense attorney to understand what your legal options are.
Defining Drug Paraphernalia
A syringe could be drug paraphernalia if the person does not have a legal prescription. The person could use the syringe to put heroin or other illegal substances in their body. While accused may not be charged with the potential felony if the Heroin was completely gone after use, authorities could still charge them with the issue of drug paraphernalia.
If the person has a valid prescription for insulin and was provided with the needle for the syringes, having that needle or syringe typically will not be seen as possession of drug paraphernalia since it was not used to help effectuate the illegal activity.
Drug paraphernalia may also include:
- Rolling paper
- Grooming kits
- Light bulbs or lighting kits to help marijuana grow
An Odessa drug paraphernalia lawyer could help a defendant understand which items authorities may see as drug paraphernalia.
Impact of the Type of Equipment and the Substance Associated on a Person’s Potential Charges and Penalties
The police may only be able to charge a person with a class C ticket if they are found with only paraphernalia. If within the equipment there is a usable amount or a trace amount, the person could be charged with not the possession of the paraphernalia and the felony or the misdemeanor case that may be associated with it.
While spoons may be used for eating, they could also be used to heat up and liquefy a cocaine base and other drugs. if the police catch a person with a trace amount of illegal substance still in the spoon, then they could file the felony case. A drug paraphernalia attorney in Odessa could help a defendant understand what charges authorities may place on them.
Who Might discover the Drug Paraphernalia and how?
While the police may be primarily involved, drug paraphernalia may be discovered in a number of ways. Authorities may stop a person and see the paraphernalia in what is called plain view in the vehicle, or when they come to enter the person’s home under a consented search. An attorney could help determine if the officer had a valid reason to search the person or their premise, and may be able to challenge the validity of any evidence used against them.
Other individuals may discover the equipment and alert the authorities. A college student or resident assistant may find a roommate’s drug paraphernalia in the dorms and may call the police department to comes over and make the arrest or issue the ticket. Parents or employers may also find the equipment. Typically, the police or the school may discover the drug paraphernalia.
How an Odessa Drug Paraphernalia Attorney Could Help Protect Your Rights
Even on a class C ticket, a person may have an absolute right to have a jury trial. Individuals could try that case to a jury and if the person loses, he or she may get a fine and in some cases. Defendants could also appeal the case up to another court and have a brand new trial which is called trial de novo.
If a person is in the Justice of the Peace courts, one through four in Odesa and loses a trial, they could simply appeal that up to the county court at law court one or court two and have a brand new trial.
Getting an attorney involved may be crucial in a drug case. Legal counsel could help you work for terms of a dismissal and may be able to get the case removed from the record. Reach out to an Odessa drug paraphernalia lawyer that could work for you.