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) 267-4949 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 criminal defense attorney in Virginia Beach can fight to get your charges decreased or even dropped.
Schedule your consultation by calling (757) 267-4949.
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Case Results
A Track Record of Success-
Possession of Marijuana- Appeal Drug Crimes
Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.
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Contributing to the Delinquency of a Minor Drug Crimes
Our client was charged with contributing to the delinquency of a minor when the vehicle that he and three juveniles were occupying was stopped and a search uncovered alcohol and marijuana. Our client, who was over the age of 18 years of age was issued a summons. The officers were unable to testify that our client had procured either the alcohol or marijuana and the charges were dismissed.
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Possession With Intent to Distribute Schedule Drug Crimes
Our client was charged with distribution of heroin. Based upon a totality of circumstances including the search, the amount found, our client’s level of cooperation, and his lack of criminal history we were able to secure a simple possession charge with no active jail time.
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Possession with Intent to Distribute Drug Crimes
Our client was charged with distribution of cocaine. Based upon a lack of evidence tying our client to the charges and the faulty basis of the stop the Commonwealth moved to dismiss the case prior to trial.
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Possession with Intent to Distribute Drug Crimes
Our client was charged with possession with intent to distribute LSD after making controlled sales to two undercover detectives. We were able to negotiate a deferred finding on simple possession of LSD wherein the charges were dismissed after three years of uniform good behavior, attendance, and completion of drug rehab and community service.
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Case Dismissed Possession of Marijuana
Our client was charged with simple possession of marijuana a class two misdemeanors that carries the possibility of six months in jail and six months suspension of driving privileges.
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Case Dismissed Possession of Cocaine
Our client was charged with possession of cocaine a class five felony carrying the possibility of ten years in the Virginia State penitentiary and Five thousand dollars in fines.
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Case Dismissed Possession of Cocaine
Our client was charged with possession of cocaine.
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Case Dismissed Possession of Marijuana
Our client was charged with possession of marijuana first offense - a class two misdemeanor that carries the possibility of thirty days in jail, twelve months suspension of license and $1000 in fines.
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Case Dismissed Possession of Marijuana with the Intent to Distribute
Our client was charged with possession of marijuana with intent to distribute.