Possession of Drug Paraphernalia Defense

If you’re charged in Virginia with the possession or distribution of controlled drug paraphernalia, you may have a strong defense. We need to talk today to determine what might happen in court and what we might can do about it.

A bad search

One of the best defenses that we can mount, sometimes, for a drug paraphernalia case is to argue that the police did not have legal reason to search your vehicle or your person or wherever they found the drug paraphernalia. If we can get the judge to rule that the search was illegal, then any evidence obtained during the search would not come into court. This is called the “fruit of the poisonous tree.” If the police violate search and seizure rules, then evidence they obtained through that violation is not going to be used against you in court. If they found the drug paraphernalia due to that search, then that would mean that we hopefully win the case.

Whether or not the police made a legal search is EXACTLY the kind of thing that we need to discuss when you contact me for your free case strategy session. We’ll talk about why the police searched, what they searched, whether or not you consented, and also some other issues. I can help you analyze whether or not we may have good grounds to challenge the search in your drug paraphernalia case.

Was it actually drug paraphernalia?

One of the other issues for a drug paraphernalia case is whether or not the police actually found drug paraphernalia. Some things that they claim to be drug paraphernalia also have many household uses and are quite innocent, such as a spoon or straw or foil or different things like that. Even some pipes that might be used for smoking marijuana have other uses, such as tobacco.

Again, whether or not the evidence obtained in your case is drug paraphernalia is going to depend upon the facts of the case. Any statements you made will also be important. If you told them, “Yes, I used that for drugs,” then it’s going to be a harder issue to argue about whether or not it was actually drug paraphernalia. But if they just found the pipe and there was nothing in it, we may have a strong argument that it’s just a perfectly legal item for anyone to possess to possibly smoke tobacco or herbs or something out of.

Can you get a first offender disposition?

Possession of controlled drug paraphernalia is an interesting statute because, unlike possession of marijuana in Virginia, it does not have a first-offender possibility. If you’re charged with possession of controlled drug paraphernalia, there is no formal way for the court to put you on good behavior to have the case dismissed. However, depending on the prosecutor, the judge, and the facts in your case, there may be some way we can work around that. We can try to work out an informal first offender agreement with the prosecutor. If that option is of interest to you and you’d like to pursue it, that’s definitely another reason to talk about your case so we could see whether or not you might could obtain some type of informal first-offender disposition.

Penalty for possession of drug paraphernalia cases

If you’re found guilty of possession or distribution of controlled drug paraphernalia, the good news is that there is no required license suspension in your case. For possession of actual drugs like marijuana, the Commonwealth has to suspend your license for six months. But for paraphernalia items, there is no license suspension.

The maximum fine for a drug paraphernalia case is $2,500 because it is a Class 1 misdemeanor. There is also the possibility of up to one year in jail.

Defend your case today!

As you can see, there are many issues for drug paraphernalia cases that you want to talk with an attorney about it. Call me right now, so we can begin discussing your case. We’ll see what possibilities there are, what defenses you may have, and how I can hopefully help you fight your Virginia possession of controlled drug paraphernalia charge.


Client Testimonial

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  • While we’ve only included one here, I have over 150 reviews around the web. Check them out on Google, Avvo, and Yelp.
  • The testimonial below was originally posted on Yelp.

I was very impressed with the time and effort that Andrew put into my case. He is very thorough and was available whenever I needed to contact him.I very highly recommend Andrew’s services to anyone!

Reviewing: Andrew Flusche’s Legal Services
Date published: 2012-10-19
Rating: ★★★★★ 5 / 5 stars

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