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 drug paraphernalia 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
- Pipes
- Bongs
- Rolling papers
- Chillums
- 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 the Law Offices of Daniel J. Miller
If you have been arrested for drug paraphernalia, retaining an experienced 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.
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Obtaining a Protective Order – Virginia Beach Juvenile and Domestic Relations Court Domestic Violence
Our client was seeking a protective order against her husband to obtain exclusive use and possession of the home and to require him to have no future hostile contact with her.
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Underage Possession of Alcohol – Norfolk General District Court DUI
Our client was alleged to have illegally possessed alcohol in the city of Norfolk.
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Pre Litigation Defense – Rape - Virginia Beach General District Court Sex Crimes
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped.
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Protective Order - Norfolk Juvenile and Domestic Relations Court Family Law
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home and an upper hand in their divorce proceedings.
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Bond Hearing – DUI 4th Offense - Virginia Beach Circuit Court DUI
Our client was charged fourth offense driving under the influence.
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Violation of Protective Order – Chesapeake Circuit Court - Appeal Domestic Violence
Our client was under a protective order to have no hostile contact with his family.
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Breaking and Entering with Intent to Commit Misdemeanor – Felony – Virginia Beach General District Court Felony Defense
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
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Felony Third Offense Petty Larceny Virginia Beach General District Felony Defense
We were successful in negotiating a reduction from a felony third offense petty larceny charge.
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Appeal Possession of Marijuana - Chesapeake Circuit Court Drug Crimes
Our client plead not guilty to a second offense possession of marijuana charge.
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DUI Reduced to Reckless Driving – Isle of Wight General District Court DUI
Our client was charged with driving under the influence of alcohol after officers arrived on a call for service in a church parking lot.