What are factors for drug offenses with drug paraphernalia?

by | Nov 22, 2018 | Drug Charges | 0 comments

In Prescott, people who are facing arrest for possession of drug paraphernalia could find themselves dealing with these allegations even if the items they had in their possession were not for drugs or drug use. Even those who might have had these items for drug use should know their rights under the law. According to Arizona law, there are certain factors that law enforcement and the court will consider when determining if the item is drug paraphernalia. These can be integral to a defense.

The following will be used to make the determination: the owner or person in control of the object will likely make statements regarding the item’s use; if there were previous state or federal convictions of the owner or whomever is in control of the object; where the object was when in the proximity of the violation that was committed; where the object was in proximity to the drugs; and if there is circumstantial or direct evidence as to the owner’s or person in control of the object’s intentions to deliver it to those the person knows or should know will use it to violate the drug laws.

Also important in this determination are: if there are instructions – written or oral with the object – for its use; if there are materials to describe how it should be used; whether there is advertising locally or nationally as to how it is to be used; how the object is on display to be sold; if the owner or whomever is in control of the object is someone who legitimately supplies it and other similar items to the community including those who distribute or sell tobacco products; if there is circumstantial or direct evidence regarding the ratio of the item’s sale in the entire business; if there are legitimate uses for the object; and expert testimony regarding how it is used.

When there is an arrest for possession of drug paraphernalia, it is imperative that the person who is facing charges understands the law and their rights. Since drug charges are treated seriously in the state, those who are convicted might have jail time, fines and other penalties. They might not have had the items for drug use. Having a legal defense is key and a law firm that understands how to defend those dealing with drug charges can help.

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