Spodek Law Group

Brooklyn Drug Paraphernalia Possession Defense Lawyers

Possession of Drug Paraphernalia in New York
Because the government has declared a War on Drugs, prosecutors want to convict anyone who is involved with illegal drugs. However, there are times when a prosecutor is not able to convict an individual based on the possession or sale of illegal drugs but can for the possession of drug paraphernalia. In New York, prosecutors are able to charge an individual with the criminal possession of drug paraphernalia. If you have been charged with possession of drug paraphernalia in Brooklyn, then it is imperative to seek guidance from an experienced attorney who has experience with drug paraphernalia cases.

Drug Paraphernalia Laws in New York
When drug paraphernalia comes to mind, many individuals think of rolling papers, pipes, and bongs. However, in New York, the laws on drug paraphernalia are focused toward individuals who traffic or sell narcotics. According to New York Penal Code 220.50 and 220.55, the items that are banned include:

• Diluents
• Adulterants
• Gelatine capsules
• Vials
• Glassine envelopes
• Other types of capsules
• Scales or other weighing equipment

Furthermore, a prosecutor must prove beyond a reasonable doubt that the intent for the items was to manufacture, package, or dispense narcotics or stimulants. A prosecutor can also charge an individual if it can be proven that another individual intended to use the items to manufacture, package, or distribute narcotics or stimulants.

Penalties for Drug Paraphernalia Convictions
An individual who has no prior convictions for drug paraphernalia will be charged with the criminal use of drug paraphernalia in the second degree, which is a class A misdemeanor. If convicted, an individual could be sentenced to one year in jail and pay a maximum fine of $1,000.

An individual with a prior drug paraphernalia conviction will be charged with criminal use of drug paraphernalia in the first degree, which is a class D felony. Because this is a felony crime, those convicted of criminally using drug paraphernalia in the first degree will serve a minimum of one year in prison and pay a maximum fine of $5,000.

In addition, an individual who is convicted of a drug paraphernalia charge will have a criminal record that could result in lost opportunities. Although some may feel a drug paraphernalia charge is a minor offense, it could affect educational opportunities, home loans, and employment opportunities.

Defense for a Drug Paraphernalia Charge
For an individual to be convicted of a drug paraphernalia charge, a prosecutor must prove all factors of the charge beyond a reasonable doubt. A prosecutor must prove the accused had the item in his or her possession knowingly with the intent to use the item for illegal behavior.

It can be difficult for the prosecution to prove all the elements surrounding the charge were committed knowingly with intent. There are many instances where the items the individual was arrested with was not intended to be drug paraphernalia.

Those who have been charged with a possession of drug paraphernalia charge should contact an experienced Brooklyn criminal defense attorney immediately. There are times when police officials may make mistakes, such as conducting an unconstitutional search, and a skilled attorney understands how to recognize instances when police officials violate the rights of the accused.

If you have been arrested for possession of drug paraphernalia, get in touch with a Brooklyn attorney with the knowledge and experience that is needed to increases the chances of a positive outcome.