Houston criminal lawyer Jack B. Carroll is ready to assist with your defense. Call 713-228-4607 to schedule a meeting.
Under the law in the State of Texas, being found to be in possession of drug paraphernalia is a criminal offense. In theory, a person being charged with possession of a controlled substance can also be charged with possession of drug paraphernalia resulting in two drug related criminal offenses.
The Legal Definition of Drug Paraphernalia in the State of Texas
Per the Texas Controlled Substances Act,
“Drug paraphernalia” means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
Common Drug Paraphernalia Cases in Houston
Most drug paraphernalia arrests in Houston are a result of a person being found to be in possession of bongs, pipes, or injection needles combined with the presence of drug residue, or other elements related to controlled substances. If you talk to any Houston criminal lawyer, or Houston law enforcement professional, they’ll tell you that “being charged with possession of drug paraphernalia is normally at the discretion of the arresting peace officer”.
This is why most criminal lawyers in Houston recommend being respectful to police, but not to volunteer information or give consent to search. Equally important is not be abusive verbally towards the arresting officer.
Being polite can go a long way in limiting additional criminal charges (depending on the arresting officer).
Consequences of Being Found Guilty of Drug Paraphernalia
If you’re determined to be guilty of possession of drug paraphernalia (a Class C Misdemeanor in the state of Texas) the maximum criminal fine is 500.00. However, distribution of drug paraphernalia, or selling to a minor, can be a Class A Misdemeanor as opposed to a Class C Misdemeanor.
Habitual offenders may face mandatory jail time.
Talk With a Houston Criminal Lawyer
Prosecutors and judges also look at previous convictions and the amount of drugs involved, if any, when making a determination on criminal penalties for drug paraphernalia related criminal offenses.
Probation, or another form of sentencing will be required if the offender is caught with cocaine, meth, LSD, Ecstasy, or Marijuana.
A Board Certified Houston Criminal Lawyer
In the State of Texas, less than 10% of practicing criminal defense lawyers have the distinguished status of being board certified by the Texas Board of Legal Specialization as a criminal defense specialist.
If you or a loved one are looking for a criminal defense lawyer in Houston to help you fight a criminal charge related to drug crimes, or possession of drug paraphernalia, talk to Jack B. Carroll or another equally qualified attorney immediately.
The reasoning for hiring an attorney is solely related to fighting the charge if you are innocent, or limiting the jail time and other criminal punishments in the event you intend to plead guilty.