The severity of a possession of drug paraphernalia charge depends on what you had and the circumstances surrounding police catching you with it. Even in the most minor cases, you will likely face a fine, a driver’s license suspension, and other penalties if convicted. We can help you fight these charges, and work to minimize the effect this incident has on other aspects of your life.
You do not have to go through the process of facing these charges on your own. A criminal defense lawyer in Cincinnati, OH from The Law Offices of Steven R. Adams, LLC is standing by to help you understand the challenges of your case, and to guide you through the process. Call our office today at 513-929-9333 to get started.
How Serious Is a Conviction for Possession of Drug Paraphernalia in Ohio?
Most cases of possession of drug paraphernalia are misdemeanors. For example, police pull someone over for a traffic violation and spot a pipe or grinder for recreational marijuana use in the car. This offense, a minor misdemeanor, includes a $150 fine and a potential driver’s license suspension that lasts between six months and five years. The sentence may include other penalties as well, such as community service hours and probation.
You can face more serious paraphernalia possession charges as well. For example, per O.R.C. § 2925.14, possessing the equipment used to process hashish is a fourth-degree misdemeanor, carrying a fine of up to $250 and up to 30 days in prison. You might also lose your license and face additional penalties.
We will attempt to negotiate with the prosecutor to get your charges reduced or dropped. If we cannot get the charges against you dropped or win a not guilty verdict, we often try to get the prosecutor to reduce a more serious offense to a minor misdemeanor. If you receive a license suspension, we may be able to help you get a limited driver’s privileges, so you can drive to work, school, court dates, and other necessary appointments.
As you can see, getting convicted of possession of drug paraphernalia in Ohio could affect your everyday life in a number of ways. This is true even if you avoid jail time. The license suspension alone can make it difficult to keep your job and continue school. All of these are reasons why it is important for us to build a strong defense on your behalf and protect your best interests during the process.
How Can I Beat Cincinnati Possession of Drug Paraphernalia Charges?
It is possible to beat paraphernalia possession charges on your own. However, the process is complex, and the judicial system is unforgiving. There is no reason why you need to handle your own case alone. Not only will our team walk with you, we will fight aggressively for the best possible outcome in your case.
There are a number of tactics we can use to help you get a positive conclusion and avoid the most severe penalties associated with a possession of drug paraphernalia charge. Some of the most common ways we help clients beat these charges include:
- Convincing prosecutors to drop the charges entirely
- Getting the judge to throw out evidence because of illegal search and seizure or other police mistakes
- Getting the charges reduced through a plea deal, such as pleading guilty to a minor misdemeanor charge to avoid penalties associated with a more serious misdemeanor
- Taking your case to trial, presenting your defense, and creating reasonable doubt in the minds of jurors, resulting in a “not guilty” verdict
What Are the Most Common Defenses in a Paraphernalia Possession Case?
The defense we use to counter possession of drug paraphernalia allegations in your case will be specific to the circumstances of your case. However, some of the most common defenses we use include:
You Did Not Intend to Use the Item for Any Drug-Related Activity
Ohio law allows police to arrest people for possessing a wide variety of items that might fall under the category of “drug paraphernalia.” Although you may not use them in any way that violates the state’s drug laws, many of these items have legal uses.
In some cases, we only need to show evidence you had a valid reason for carrying the item. For example, if you received a possession of drug paraphernalia charge because of a hypodermic syringe, we may need to have a doctor come in and testify that you suffer from insulin-dependent diabetes and must have the needles for your injections.
The Items Are Not Yours
Another common defense is that the item belongs to someone else. We handle this type of issue frequently in drug possession cases, where one person gets stuck facing charges because someone else brought drugs into their home or car. The same can be true of possession of drug paraphernalia. If we can prove the pipe police found in your car belongs to someone else, they will likely drop the charges against you.
You Were Unaware the Item Is Drug Paraphernalia
In some cases, people possess items given to them by friends or purchased for their own use that they do not realize others might use for drugs. This could include almost anything from grow lights and small scales to pipes. Police who regularly deal with drug users might immediately recognize the items as drug-related paraphernalia. However, citizens who are not in-tune with the drug culture could purchase them for other uses without knowing.
Talk to a Possession of Drug Paraphernalia Defense Lawyer in Cincinnati, OH
If you are facing a criminal investigation or charges, you need an experienced drug crimes attorney. The team at The Law Offices of Steven R. Adams, LLC is here to help you fight your Ohio drug paraphernalia accusation. We understand the burden of proof the prosecution needs to meet to win a conviction in these cases, and we will counter it with your side of the story.
From the first few hours after your arrest through to the end of your trial, our team will provide support and guidance through the entire process. Call us today at 513-929-9333.