Possessing drug paraphernalia is a serious offense with potentially life-changing consequences. If you were charged with possessing drug paraphernalia, you should understand the charges, potential penalties, and other consequences of a conviction. Knowing your legal rights and taking the proper steps after an arrest could be crucial to successfully defending against the charges.
Seek guidance and counsel from a skilled Manhattan drug paraphernalia lawyer to review your case and gather the evidence needed to build a compelling defense strategy. Even if your court date is months away, an accomplished drug attorney could help prepare you and protect your rights in court.
What Is Drug Paraphernalia?
Drug paraphernalia includes materials, equipment, and other products people use to consume, manufacture, or conceal illicit substances. Under state law, it is unlawful to possess items meant for the use or production of controlled substances, such as those used for ingestion, cultivation, or manufacturing. Some common examples include:
Under Kansas Statutes Annotated § 21-5709, possessing paraphernalia, such as red phosphorus, ephedrine, or lithium metal, and intending to use it for the manufacturing of controlled substances is illegal. Possession of paraphernalia under the statute is a felony, with the severity and level of the conviction depending on the specific details of the arrest and the state’s evidence. After a case review, a Manhattan illicit substance paraphernalia attorney could answer questions about the process, charges, possible defenses, and sentencing.
A conviction for first-time possession of drug paraphernalia is classified as a Class A misdemeanor, punishable by up to a $2,500 fine and one year in jail. For people with previous drug-related convictions, the court could charge the person with a level five felony. According to sentencing guidelines, a conviction could carry penalties of up to $100,000 and 42 months of incarceration.
Diversion Programs
Anyone facing a first-time drug paraphernalia misdemeanor or felony charge may qualify for diversion programs, in which they must complete education courses and community service. These programs are meant to provide a second chance for first-time offenders. However, individuals with previous drug convictions do not qualify.
A well-practiced controlled substance paraphernalia lawyer could evaluate the severity of the case and explain the potential penalties in Manhattan.
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The Elements of Fault in a Drug Paraphernalia Case
Building a solid defense strategy to fight against drug paraphernalia charges is challenging due to various legal considerations. Understanding the offense and the elements necessary for a conviction is essential. Kansas prosecutors often rely on evidence, including the paraphernalia they collected during the arrest, drug test results, and witness statements to prove fault. The state’s case against the alleged defendant must include specific elements for a conviction, including:
Proof that the individual was knowingly in possession of the substances or devices
Evidence that they were aware the items were drug paraphernalia
Proof that they intended to use the items for storing, using, manufacturing, or cultivating illicit drugs
A dedicated narcotics paraphernalia lawyer in Manhattan could help navigate the criminal court process and fight for a defendant’s rights and freedom.
Work With an Experienced Drug Paraphernalia Attorney in Manhattan
Facing criminal drug charges can be stressful and frightening. However, the best way to challenge the charges against you is by taking steps to prepare a solid defense. A seasoned Manhattan drug paraphernalia lawyer understands the burden you face and could fight for your rights throughout the criminal proceedings.
Call (785) 645-2732 or contact our firm online to learn more and schedule an appointment to review your case and legal options after an arrest.
