Possession of Drug Paraphernalia in Virginia
Can You Be Arrested for Drug Paraphernalia Without Drugs?
While many people are aware of the charges they could face when caught
in possession of controlled substances, many do not realize they can be
charged with a
drug crime if they have drug paraphernalia in their possession even you do not have
drugs in your posession at the time of your arrest. Despite the general
population being unaware, drug paraphernalia charges are one of the most
common charges in Virginia.
If you have been arrested and accused of possession of drug paraphernalia,
you should take these charges seriously as they could lead to fines, probation
or time served. Make sure your rights are protected and set yourself up
for success by hiring the counsel of an experienced
Virginia Beach criminal defense lawyer.
Call (757) 517-2942 to
make an appointment with The Law Offices of Daniel J Miller.
What Is Considered Drug Paraphernalia?
Federally, any item or equipment that is primarily used or designed for
manufacturing, producing, concealing, injecting, ingesting, inhaling,
or processing illegal substances can be considered drug paraphernalia.
For the courts to determine something as drug paraphernalia they examine
the circumstances of how and where the item was found. For example, if
the defendant runs a successful online jewelry making company, they are
likely to be in possession of a postal scale for their business and not
for drug use.
Examples of drug paraphernalia include:
- Postal scales
- Miniature spoons
- Glass water pipes
- Rolling papers
- Roach clips
Understanding How Possession is Determined
There is two legal definitions Virginia law enforcement use when charging
someone for possession of drug paraphernalia.
Actual Possession: Actual possession is established when a prosecutor can prove the item was
in your hands or readily in your reach. An example of an item not found
in your hands but in your reach could mean something found in your pocket,
purse or backpack.
Constructive Possession: Constructive possession occurs when the item is not found on your person
but within your control. An example of this could be if police found the
item in your bedroom or within your car.
Contact Virginia Beach Criminal Defense Attorney
If you have been arrested for drug paraphernalia, retaining an experienced
Virginia Beach criminal lawyer is crucial to ensure your rights are protected.
Possession of drug paraphernalia may not seem like a big deal, but a criminal
record can follow you for the rest of your life. Our skilled attorney
can fight to get your charges decreased or even dropped.
Schedule your free consultation by calling (757) 517-2942.