Possession of Drug Paraphernalia
Michigan Drug Crime Lawyers Representing Clients Charged with Possessing Drug Paraphernalia in Ann Arbor, Detroit, Grand Rapids, Lansing and Throughout Michigan
Under MCL 333.7451, drug paraphernalia is defined as any material, equipment or product or combination thereof designed specifically for use in cultivating, growing, planting, compounding, processing, packaging, testing, storing, concealing, harvesting, analyzing, inhaling, injecting, ingesting or otherwise introducing a controlled substance into the human body. Marijuana pipes, scales for weighing drugs, rolling papers, razor blades, mirrors or other equipment used in cocaine kits are just a few examples of what is considered drug paraphernalia.
Grabel & Associates is a highly respected team of Michigan drug crime attorneys who understand the severity of the penalties those arrested for possession of drug paraphernalia face. While considered a misdemeanor offense, those convicted are subject to punishment pursuant to MCL 333.7451 and MCL 333.7455(1) which includes incarceration up to 90 days, a fine of up to $5,000, or both. Individuals who are charged with drug paraphernalia possession must contact our office at once for effective legal guidance and representation.
Drug Paraphernalia Does Not Have to Be on Your Person for You to Be Arrested for Possession
While an individual would certainly be charged with possession of drug paraphernalia if found with materials or equipment intended for use with marijuana or a controlled substance, it does not have to be physically on your person for you to be arrested. When paraphernalia is in a location you have control over, you may be charged. This may be your vehicle, your home, even your workplace or office.
Individuals who are charged with possession of drug paraphernalia must contact an experienced Michigan drug paraphernalia defense lawyer at once. Those who are convicted experience a negative and lasting impact on their lives because of a criminal record. A conviction can mean a lifetime of heartache, affecting your ability to secure employment or advance your career. Obtaining or maintaining a professional license for business becomes difficult, and individuals often cannot get student loans or attend a reputable college or university. A talented attorney can change the course, obtaining a positive outcome for the client.
Possible Defense Strategies to Protect Those Charged With Possession of Drug Paraphernalia
There are several defense strategies that may be used effectively on behalf of clients accused of possession of drug paraphernalia. In some situations, law enforcement may secure evidence illegally. In this situation, a skilled defense attorney may work to have illegally obtained evidence suppressed. Other defense tactics often used include:
- Lack of knowledge. There are times when someone who is accused of possessing drug paraphernalia possesses an item that the individual does not use for drug purposes, but someone else may. If you do not know that another person is using a common item, such as a kitchen scale, for drug purposes, you are innocent.
- Mere presence. Individuals are not guilty of possessing drug paraphernalia when they are merely in the presence of someone with items such as rolling papers, when those items are not in the individual's own control. The fact that someone in your presence has paraphernalia does not mean you possess it.
- Not all items considered drug paraphernalia actually are in all circumstances. Items used for other purposes only become drug paraphernalia when they are actually used for drugs. For instance, some individuals roll their own cigarettes, and therefore use rolling papers.
- Valid reason for possessing drug paraphernalia. In Michigan, qualified patients and caregivers may legally possess drug paraphernalia used in cultivating marijuana.
These are a few examples of the defenses that may be effective in a client's situation, depending on the circumstances. Our team of skilled and experienced Michigan drug crime attorneys work vigorously to gain acquittal on behalf of clients whose cases proceeds to trial.
There are situations as well, in which a client may intend to plead guilty to the charge. In these types of cases, our dedicated lawyers are skilled, capable negotiators who will work diligently to reach a possible plea or sentence bargain. This ultimately means a more lenient sentence for the client, possibly avoiding jail/prison time as well.
At Grabel & Associates, we know that hiring the right attorney is one of the most important decisions you will make regarding your reputation, future, and freedom. If you or a loved one has been arrested for possession of drug paraphernalia, contact our office immediately at 1-800-342-7896.