Were you recently arrested for a crime involving drug paraphernalia in McKinney, TX? Don’t make the mistake of believing that the charges aren’t serious. You could be facing steep financial penalties, a criminal record, and even jail time. An experienced McKinney drug paraphernalia lawyer at Edgett Law Firm can build an aggressive defense strategy to minimize these and other consequences.
Our lawyers have over 22 years of experience handling complex criminal defense cases. We have the tools and legal knowledge to fight for a reduction or dismissal of your charges.
If you’re facing criminal charges, don’t wait to get the legal advice you need and deserve. Call our law offices in McKinney, Texas at 972-525-4963 to schedule a free consultation with an experienced attorney who can help or contact us here.
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How Edgett Law Firm Can Help if You Were Arrested for Possessing Drug Paraphernalia in McKinney, TX
It’s always frightening to be arrested or accused of committing a crime. A drug conviction can make life particularly difficult. It’s always best to start defending yourself immediately.
You deserve an experienced and respected McKinney criminal defense lawyer in your corner. At Edgett Law Firm, our legal team has over 22 years of experience. We’ve won the Avvo Client’s Choice Award for Criminal Defense, and we’ve been listed on the National Trial Lawyers Top 100 Trial Lawyers.
Prosecutors in Texas know that our lawyers won’t back down without a fight. That significantly increases your chances of getting the charges dropped–because the prosecution doesn’t want to face off against our team in a courtroom.
Hiring us means you’ll gain a lawyer who will:
- Conduct an independent investigation into your case
- Examine all of the prosecution’s evidence
- Identify any weaknesses in the prosecution’s case
- Move to have illegally obtained evidence excluded
- Negotiate behind the scenes to get the best deal possible in your case
- Advocate for your rights in court
Our McKinney criminal defense attorneys believe that everyone deserves the strongest defense possible. To learn more about an attorney client relationship, call our offices for a free consultation today.
Overview of Laws on Drug Paraphernalia in Texas
In the state of Texas, it’s illegal to possess any type of equipment, materials, or product that can be used to perform the following actions in connection with a controlled substance:
- Planting
- Propagating
- Cultivating
- Growing
- Harvesting
- Manufacturing
- Compounding
- Converting
- Producing
- Processing
- Preparing
- Testing
- Analyzing
- Packaging
- Repackaging
- Storing
- Containing
- Concealing
- Injecting
- Ingesting
- Inhaling
- Otherwise introducing into the human body
The list of prohibited actions is extremely broad–and gives police and prosecutors significant leeway in charging you with a crime.
The law on drug paraphernalia is divided into three separate criminal offenses. First, it’s illegal to either use drug paraphernalia or possess drug paraphernalia with the intent to use it.
Possession of drug paraphernalia is a class C misdemeanor.
It’s also illegal to deliver, possess with intent to deliver, or manufacture drug paraphernalia with intent to deliver it to another person. To convict, the prosecution will also have to show that you knew or intended that the other person would use the drug paraphernalia in connection with a controlled substance.
This offense is usually a Class A misdemeanor. However, if the person who you intend to receive the drug paraphernalia is under age 18, and you’re at least three years older (and at least 18 years old), the charges are elevated to a state jail felony.
What is Drug Paraphernalia?
Under Texas state law, drug paraphernalia is defined to include a wide range of objects and items related to the use of dangerous controlled substances.
Examples of items that are specifically listed as drug paraphernalia include:
- Planting or cultivating kits
- Isomerization devices
- Testing devices
- Scales and balances
- Separation gins and sifters
- Bowls, blenders, and spoons
- Syringe and needles
- Pipes
- Bongs
- Baggies, envelopes, and other small containers
- Certain dilutants or adulterants, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent
The prosecution has to prove that the items in your possession were intended to be used in connection with drugs.
In considering whether an object or item qualifies as drug paraphernalia, the Texas drug crimes statute requires prosecutors to consider various factors, including:
- Statements by the owner about the object’s intended use
- Any residue of a controlled substance that remains on the object
- Direct or circumstantial evidence about the owner’s intent to deliver the object to someone to use in connection with a CDS
- Oral or written instructions about the object’s intended use
- Descriptive material that explains or depicts the object’s intended use
- The way the object is displayed for sale
- Whether the person who controls the object supplies similar or related items, such as tobacco
- Evidence of the ratio of sales of the object to the total sales of the business enterprise
- The scope of uses for the object
- The physical design of the object
- Expert witness testimony
Any drug crime conviction is a serious issue in the United States. It’s also possible that prosecutors will try to bring additional federal drug trafficking or drug possession charges.
Were you charged with possession with intent to use or intent to distribute drug paraphernalia in Texas? Don’t hesitate to get the strong legal defense you deserve. Call Edgett Law Firm to schedule a free case review and learn more about how our experienced McKinney drug paraphernalia attorneys can fight to protect your future.
What are the Penalties for Drug Paraphernalia Crimes in McKinney, Texas?
Possession or delivery of drug paraphernalia can be graded as a Class A misdemeanor, a Class C misdemeanor, or a state jail felony.
Class C misdemeanors are punishable by a $500 fine in most situations. If you’re convicted of a Class A misdemeanor, the following penalties may apply:
- Up to $2,000 in financial penalties
- Up to 180 days in jail
- Both jail time and fines
Suppose you’re convicted on drug paraphernalia charges a second time. In that case, however, a mandatory jail term of between 90 days and one year applies even if you’re only charged with a Class A misdemeanor.
If you’re facing state jail felony charges, you could be punished with:
- Up to $10,000 in fines
- Between 180 days and two years in state jail
A drug paraphernalia conviction will also go on your criminal record. Having a criminal record can make life difficult in any number of ways. For example, your criminal conviction will show up on a routine background check. That can make it difficult to find housing, get a job, or gain admission to a college or university.
The following collateral consequences can also apply:
- Difficulty obtaining professional licensing for certain fields
- Harsher penalties if you’re ever charged with another crime in the future
- Loss of privacy because others can access information about you
Courts in Texas take drug offenses seriously. If you were arrested and charged, it’s important to start building your defense quickly. If you’re convicted, it may be possible to have your record sealed or expunged eventually–but that process can take time. It’s always better to work to have your case dismissed before it goes to trial.
To learn more about how our legal team at Edgett Law Firm can help with your criminal case, give us a call for a free case review today.
What Defenses Can Be Raised if I’m Accused of a Crime Involving Drug Paraphernalia in McKinney?
People often make the mistake of believing that a conviction is inevitable if they’re charged with a crime. In reality, there are any number of defenses that could possibly work in your favor. Drug paraphernalia charges are often a “catch all” offense that prosecutors use when they don’t have the evidence to support a more serious charge. It may be possible to avoid jail or conviction altogether.
Some of the most common defense strategies in drug paraphernalia cases include:
- The object belongs to someone else
- Lack of evidence to prove the charges beyond a reasonable doubt
- Constitutional violations, including illegal searches and seizures
- You had a legitimate, non-drug-related use for the item
- The item was planted by police
- Lack of intent
It’s also possible that the police lacked probable cause to search your home or vehicle. If the prosecution relies on evidence obtained illegally, our lawyers can file a motion to have that evidence excluded from your case. It may be impossible for prosecutors to prove that you committed a crime without strong evidence.
Would you like to have our experienced drug crimes lawyers build a strong defense in your case? All you have to do is pick up the phone and call for a free initial consultation.
Schedule a Free Consultation With a McKinney Drug Paraphernalia Lawyer
Were you or a loved one recently arrested for possessing drug paraphernalia in McKinney, TX? Calling an experienced McKinney drug paraphernalia lawyer should be your first move. At Edgett Law Firm, our goal is to make it as difficult as possible for the prosecution to convict you of a crime.
To learn more about how we can help, call our law offices to schedule a free consultation today.