BUFFALO, NY POSSESSION OF DRUG PARAPHERNALIA – ATTORNEY ANDREW S. TRAVIS
Paraphernalia is defined as any item whose purpose it is to process, package, produce, store, or consume drugs of any kind. NY criminal code defines the following items as being “drug paraphernalia” such as diluents, dilutants, adulterants, mixing compounds commonly used to make narcotics, gelatin capsules, glassine envelopes, vials, other materials commonly used to package drugs, scales, balances, and other utensils designed to measure or make drugs. For a prosecutor to prove that an item is in fact drug paraphernalia, they must prove that possessor intended to use it for drugs. This is proven if drug residue is found on a pipe or in a bag, or if a person is witnessed using it. While first time offenders generally avoid jail time, the drug charge will appear on all background checks and may hurt your future employment opportunities.
DRUG PARAPHERNALIA POSSESSION PENALTIES – NY
|Type||Maximum Charge||Maximum Penalty|
|Possession of Paraphernalia||Disorderly Persons Offense||1 year jail, $1000 fine|
DEFENSES FOR DRUG PARAPHERNALIA POSSESSION
Attorney Travis will determine whether or not evidence was obtained against you illegally. Andrew will question police protocols used to test your belongings for drug residue, and will determine whether or not you were searched in violation of your Fourth Amendment Constitutional rights. Put Andrew’s experience in fighting drug related charges on your side. He has had successful results in getting paraphernalia charges negotiated or dismissed altogether.
Alternatively, Andrew may be able to negotiate an alternative sentencing in a rehabilitation facility in lieu of a formal charge. This conditional discharge, requires the person to take random drug tests during a probation period after which the charges will be dismissed. A person is eligible for conditional discharge only once in their lives. If you have been charged, do not wait. Call our office today. Trust Travis.