Drug Paraphernalia Possession
Paraphernalia Possession Defense Lawyer - Maricopa County
Drug Paraphernalia Possession Charges
In Arizona you could be stopped for a noncriminal traffic infraction in Phoenix Arizona and be subject to a search, if there is drug paraphernalia in “plain sight”. You could then find yourself facing a class 6 felony drug and drug paraphernalia charges. Drug paraphernalia crimes are usually prosecuted in connection with other drug charges. If charged you should consult a Maricopa County criminal defense firm as soon as possible to discuss your matter and potential defense options.
Many people believe that possessing something as simple and legal as a “baggie” or “spoon” is perfectly fine. However, if the police, find an object, for example a “baggie” in the same proximity as say, Marijuana; or the “spoon” to “Cocaine”, suddenly that object is perceived by police as “drug paraphernalia”. When drug paraphernalia is coupled with other drug charges for example illegal possession of Marijuana, in Maricopa County, they are usually classified as felonies. If the drug paraphernalia is found by itself without any usable amount of drugs then it may be charged as a misdemeanor in and processed in any of the lower courts such as Tempe AZ Court, Mesa AZ Court, Phoenix AZ Court, Chandler AZ Court, Scottsdale AZ Court, Gilbert AZ Court, or any of the Maricopa County Justice or Arizona Superior Courts.
Possession of Drug Paraphernalia Laws in Arizona A.R.S. 13 -3415.
Arizona Law regarding drug paraphernalia under A.R.S. 13-3415 at the official Arizona State Legislature website. A.R.S. Title 13 13-3415 outlines drug paraphernalia laws including but not limited to: what constitutes possession; delivery; advertising; violations; and classification.
A.R.S. 13-3415 13 A. This subsection describes what is considered “use” or “possession with intent to use” drug paraphernalia. Any person knowingly, or with reasonably should have known given their circumstances, that they were using or in possession with the intent to use an object as drug paraphernalia is in violation of this law. Violations in this category are charged as a Class 6 felony in Arizona.
A.R.S. 13-3415 13 B. This pertains to the criminal conduct related to delivering or delivery of drug paraphernalia. Any person knowingly or who reasonably should have known, that they were in possession of drug paraphernalia for the purpose of delivering drug paraphernalia, is in violation of this subsection. Offenses related to delivery in this sub subsection are classified as a Class 6 Felony in Arizona.
A.R.S. 13-3415 13 C. This subsection pertains to advertising ” of drug paraphernalia in a publication, of newspaper, magazine or any other publication which is promoting the sale of drug paraphernalia. Any person knowing or under circumstances that they reasonably should know that the purpose of the advertisement for was promote the sale of illegal drug paraphernalia, is in violation of this criminal law. The charge will be classified as a Class 6 felony in Arizona.
Drug Paraphernalia Defined – A.R.S. 13-3415
Arizona defines drug paraphernalia under A.R.S. 13-3415 F2... However, it is important to understand that an item does not need to be designed for the particular purpose of using, concealing or storing the drug such as a bong and marijuana. The item can be a common “everyday use” object such as a plastic kitchen storage container or plastic baggie and you were arrested using the item to store a drug such as marijuana (law paraphrased). *Other factors may be considered as outlined in section A.R.S. 13-3415 E referenced under the law.
Arizona Law A.R.S. 13-3415 “Drug paraphernalia” is defined under “A.R.S. 13-3415 F2” . It is both comprehensive and broad and includes “everyday household use”, or “office use”, objects one may find in their kitchen, bath, utility room, living room, or even the garage. The law includes specific objects that that if found to exist in a given set of circumstances, would classify as “drug paraphernalia”. Just to name a few it includes items designed and used for weighing, testing, storage, objects designed for storage; ingesting; inhalation; injecting; mixing; blending; cutting; holding; breathing (or protection from breathing in harmful inhalants such as masks); smoking; spooning; packing; pouring; and more.
A large variety and host of items are named. A small sample of items that are named as “drug paraphernalia” include the following (this list is not exhaustive): kits; testing equipment; scales; diluents; sifters; blenders; mixers, masks, pipes, clips, chamber pipes; electric, air or ice or water pipes, carburetor pipes, capsules; papers; envelopes; bags or “baggies”; screens; balloons; razor blades; spoons, and plastic, glass, wooden or metal bowls and many more.
*Other Factors used to determine if an object is Drug Paraphernalia
Under “A.R.S. 13-3415 E ” Arizona reserves the right to consider other factors, (besides those defined under A.R.S. 13-3415…F...2). For example, they include but are not limited to considerations such as: Statements by the owner of the object; proximity of the object found near the drugs; drug residue on the object; advertising of its’ use; expert testimony and a host of other factors.
Drug Paraphernalia Conviction in Arizona
In order to get a conviction for possession of drug paraphernalia charges, A.R.S. 13-3415 A. of Arizona law requires the State Prosecutor to:
1) Prove beyond a reasonable doubt that you knowing were using or possessed with the intent to use drug paraphernalia to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a drug into the human body; and 2) The item was drug paraphernalia…”
Drug Paraphernalia Penalties Arizona
If convicted of a Phoenix Arizona drug crime including drug paraphernalia charges your sentence may vary depending on which court you are in; how your drug crime was classified; and if the paraphernalia charges were single or coupled with other drug offenses.
A misdemeanor drug paraphernalia conviction can expose you to jail terms upwards to 6 months, fines, probation, drug counseling, and community service. A felony exposes you to jail up to year, prison up to 2 years, probation up to 3 years, drug testing, drug counseling, fines, and community service.
Phoenix AZ Possession of Drug Paraphernalia Defense Attorney
Drug paraphernalia laws in Arizona are very strict, and comprehensive. They are written to cover just about anything that reasonably could be used to charge and prosecute drug paraphernalia crimes If the prosecution of your case has begun or is finished, and you were convicted, it is generally too late to go back to court and repair damages to your defense or a bad outcome. Paraphernalia drug charges can and do sometimes get dismissed. However, your best chance of getting anything close to such a favorable outcome is by retaining an experienced Maricopa County criminal defense Firm such as the Law Office of James Novak. James Novak is an experienced drug trial lawyer for defense and former Maricopa County prosecutor. If retained, he will begin working on your case immediately to tailor, build and execute a solid and effective defense. .
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