Drug Paraphernalia
Orange County Drug Paraphernalia Attorney
Drug Paraphernalia Attorney in Orange County
Are you being charged with possessing drug paraphernalia in Santa Ana, Huntington Beach, Fullerton, Irvine, Newport Beach, Westminster or Costa Mesa and now need to beat a drug paraphernalia charge? Our Orange County criminal lawyers at the Law Offices of Michael L. Guisti will help you through the process and work to get your charges reduced or dismissed.
Perhaps you went into a tobacco store to buy an item that looks like a bong, and you're almost denied the sale because you called it a bong and not the name suggested at the store. So after you buy the item you happen to be pulled over in an area known for drugs and a police officer notices what you legally bought and arrests you for possession of drug paraphernalia.
Understanding the Charge of Possession of Drug Paraphernalia
Under California Health and Safety Code (HSC) 11364 "possession of drug paraphernalia [is] an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance."
As our expert Orange County drug crimes attorney explains, in order for the Orange County District Attorney to press ahead with charges they must prove three things, you knew it was drug paraphernalia, you exercised control over the drug paraphernalia, and you knew of the paraphernalia's presence.
What is Drug Paraphernalia?
Under HSC 11364 drug paraphernalia is, "all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance."
Your Defense
As one promenade Newport Beach drug crime attorney explains, just because you have something on you that seems like drug paraphernalia doesn't mean you're automatically guilty, and in fact you have several defense options.
It's Not Drug Paraphernalia
As one Santa Ana drug crimes attorney explains, just because it looks like drug paraphernalia doesn't mean it is. For example, if you bought a tobacco pipe legally from a tobacco store you cannot be charged with this crime.
As long as there is no criminal intention behind whatever items you possess you cannot face criminal charges.
What if I have a Medical Condition?
If you have a medical condition like diabetes you are legally allowed to possess needles and syringes as long as you received them from an authorized source like a doctor, possess them for personal use and possess no more than ten at a time.
What if I Need to Transport these Items for my Job?
If you're a manufacturer, wholesaler retailer, pharmacist, doctor, dentist, podiatrist, veterinarian, as well as who is licensed by the California State Board of Pharmacy to prescribe, sell, or transfer objects intended for use to inject drugs into the body you do not face any criminal charges, because under HSC 11367 you have immunity from prosecution.
You Had No Idea It Was Drug Paraphernalia
As one expert Huntington Beach drug crimes lawyer explains, realistically if you have no criminal history this defense will work best. Many times somebody is hanging around the "wrong crowd" or might just be at "the wrong place at the wrong time" with an unknown (to them) item in their hand and suddenly they're facing possession of drug paraphernalia. If the DA can be shown this person is an otherwise good character with no criminal history charges will usually be dropped, if not reduced.
You Didn't Know the Drug Paraphernalia was On You or In Your Presence
They're many times somebody is arrested for this crime and they had no idea they even had drug paraphernalia on him/her.
Our Fullerton drug crimes attorney explains there could be many times where somebody with a clean record is a friend with a person, which they had no idea that friend is a drug user, and so maybe that friend leaves a suspect item in the car and if by bad luck police happen to search the car and discover the item, and this good person is now charged.
Or they've been other cases where this friend is not so much of a friend and purposely leaves the drug paraphernalia in the friend's car or property.
Was the Search and Seizure Illegal?
Search and seizure laws in California are very strict and any slight rule that is violated can result in your entire case against you being thrown out of court, according to an expert Fullerton criminal attorney who has studied police procedure in California.
For example, police cannot just pull you over if they have a "gut feeling." The United States Supreme Court has made clear police must have a concrete reason for stopping you. Furthermore if any drugs were obtained during a search without a warrant that evidence must be thrown out.
What If I'm Convicted?
Should you be convicted of HSC 11364 you'll be charged only with a misdemeanor.
Depending on the facts of your case and your criminal history you may face up to six months in Orange County jail and a maximum $1,000 fine.
The bit of good news is you can enter a drug diversion program under Penal Code 1000, which if completed successfully you could have the charges dismissed.
Get Help Now!
Maybe you've been looking around online seeing if there is a way you can just go talk to the judge yourself, explain your situation and hope the judge will either nod at you and give you a slap on the wrist or send you to the drug diversion program. This creates more problems than it solves for you as when you're speaking to the judge you may accidentally further incriminate yourself.
You need somebody by your side that understands the complexities of the law, so please call the Orange County drug crime attorneys at the Law Offices of Michael L. Guisti right away at 888-478-8999.
Our experienced legal experts have over a decade of successfully defending clients against all drug charges in the courts of Orange, Riverside, San Bernardino, Los Angeles and San Diego Counties.
We will work to the best of our ability to get you the best deal and outcome, so you can go on with your life almost as if nothing happened.
