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 possession 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.

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.

Understanding How Possession Is Determined

There is two legal definitions Virginia law enforcement use when charging someone for possession of drug paraphernalia.

1. 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.
2. 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.