The state of Arizona takes drug paraphernalia laws and other drug crimes seriously, often coming down hard on people who possess items used to grow, prepare, deliver, or take drugs such as marijuana, narcotics, and peyote. Even first-time offenders may face prison time and a lifelong criminal record. One mistake, or even being in the wrong place at the wrong time, can haunt you for decades.
If you face drug paraphernalia charges, you need a solid defense and a strong legal advocate. Phoenix drug paraphernalia lawyers can handle the complex and confusing laws so that you do not have to deal with it on your own. A criminal defense attorney who has experience defending people against drug paraphernalia charges can work to deliver the best possible outcome in a tough situation. Contact Gurion Legal today to learn how we can help.
Positive Case Results for Gurion Legal
At Gurion Legal, we believe that everyone has the right to a strong defense, regardless of any past mistakes they have made. We can never guarantee an outcome, but we can guarantee that we will fight hard for you to get the best outcome in a difficult situation—whether that means getting the charges reduced or dismissed, securing a favorable plea bargain, or defending you at trial.
Our positive case results are a testament to our advocacy on behalf of our clients. You can feel confident that we will work hard on your behalf.
Some of our recent drug-related victories include:
- Charges dismissed for a man accused of methamphetamine possession in Gila County
- Charges dismissed for a woman charged with methamphetamine possession in Maricopa County
How a Criminal Defense Lawyer Can Help After an Arrest for Drug Paraphernalia in Phoenix
You may feel overwhelmed and afraid after being arrested for violating drug paraphernalia laws in Phoenix. An attorney with Gurion Legal can assist you during this stressful time. We offer free case consultations that give you an opportunity to meet us, tell your side of the story, and decide what to do moving forward.
Throughout your case, we can:
- Listen to your side of the story: The police can use your words against you, so you should not tell them your side of the story. Instead, you can tell us what really happened so we have the information we need to help you. Our team will give you an honest assessment of your case.
- Advise you on what to say: You may unwittingly say something that comes back to haunt you, but our lawyers can advise you about what to say (and what not to say) while you are in custody or during a hearing. You can also assert your right to remain silent until your lawyer is present.
- Investigate your case: Our team will look for evidence that supports your side of the story. For instance, we may find proof that the evidence against you was illegally obtained or you never really possessed the drug paraphernalia at all.
- Craft a defense strategy: After talking with you and investigating your case, our drug paraphernalia attorneys will create a legal strategy tailored to you. We may try to get the charges against you reduced or dismissed, or we may negotiate a plea bargain that minimizes your time in prison.
- Advocate for you: Whether we successfully negotiate a plea bargain, get your charges reduced or dismissed, or take your case to trial, we will advocate for your best interests at every step.
Potential Defenses for Drug Paraphernalia Charges in Phoenix
A drug paraphernalia lawyer with Gurion Legal will craft a defense strategy based on the specific details of your case. We will give you an honest assessment of your situation and determine the approach that gives you the best chance of a favorable outcome.
Some potential defenses for violating Phoenix drug paraphernalia laws include:
- Illegal search and seizure: The Fourth Amendment protects all Americans against illegal search and seizure. For example, the police cannot search your home without a warrant or your car without probable cause that it contains evidence of criminal activity. We may be able to argue that the evidence against you was illegally obtained and cannot be used to convict you.
- Good Samaritan defense: According to our state’s Good Samaritan law, an individual who seeks medical attention for someone experiencing a drug-related overdose may not be charged with possession of drugs or drug paraphernalia if that possession came about because they sought medical attention. In other words, if you only possessed drug paraphernalia because you were trying to help someone who overdosed, you cannot be charged with possession of drug paraphernalia.
- No possession: Just because you were in the presence of drug paraphernalia does not mean that it was yours. If you were one of many people present when the paraphernalia was seized, we may be able to argue that you never possessed the drug paraphernalia and were just in the wrong place at the wrong time.
- Temporary possession: Even if you were in possession of the drug paraphernalia at the time it was seized, we could argue that you were simply holding it for someone else and were not aware that the item in question was related to drug use. Everyone makes mistakes, but bad judgment is not a crime.
- Entrapment: Sometimes, undercover officers or other law enforcement officials pressure citizens to do things they would not normally do. This behavior is known as entrapment and is not acceptable. Our attorneys can argue that one or more officers coerced you into violating Phoenix drug paraphernalia laws, which you would not have violated on your own.
These scenarios are just a few examples of legal defenses that may apply to your situation. We will work with you to create a strategy that best fits your case.
What Is the Penalty for Violating Drug Paraphernalia Laws in Phoenix?
Penalties for using or possessing drug paraphernalia in Phoenix vary based on your criminal record and the circumstances surrounding your arrest. Drug paraphernalia law violations are a Class 6 felony. The standard sentence for a first-time offense ranges from four months to two years, although the sentence can be longer if the crime occurred under aggravating circumstances.
Some possible aggravating circumstances include:
- Infliction or the threat of infliction of serious injury
- Use, the threat of use, or possession of a deadly weapon or dangerous instrument
- Presence of an accomplice
- Payment or expectation of payment of anything of pecuniary value for commission of the offense
- Using a mask or other disguise to obscure your face during the commission of the crime
Your previous criminal record also affects your sentence. If you have been convicted of a felony within the past ten years in any state, you may face up to 33 years in prison.
You Could Be Eligible for Probation Instead of Prison Time
In some cases, state law requires the court to suspend the sentence of a person convicted of drug paraphernalia charges. Instead, that person can go on probation and participate in an approved drug treatment or drug education program. They must pay for the program on their own.
Our lawyers can help determine if you qualify for probation.
To qualify, you must:
- Have no convictions or indictments for a violent crime
- Have possessed drug paraphernalia for personal use only, not for sale, production, manufacturing, or transportation
- Continue to participate in your drug treatment or education program
People convicted of drug paraphernalia offenses involving methamphetamine are not eligible for this option. While they may still receive probation, it is not mandatory for the court to provide that sentence. People who reject probation, refuse drug treatment, or already have three or more convictions for personal possession of drug paraphernalia or a controlled substance are not eligible either.
Can a Criminal Defense Lawyer Reduce Felony Drug Paraphernalia Charges?
State law gives the court leeway to reduce felony charges for drug paraphernalia and change the sentence under certain circumstances. If the court feels that the felony sentence is too harsh based on your personal history and character or the nature and circumstances of the crime, they can reduce the charges to a Class 1 misdemeanor or place you on probation. Once you have completed probation, the court can change your conviction to a misdemeanor.
Under state law, a first misdemeanor offense can result in six months in prison. If you have other misdemeanor convictions within the past two years, you may receive a higher offense.
What Is Drug Paraphernalia?
Drug paraphernalia is a broad term that refers to equipment or tools involved in drug use or production. In Arizona, drug paraphernalia is equipment, products, and materials used to grow, harvest, manufacture, process, analyze, package, store, conceal, or introduce drugs into the human body by injection, ingestion, inhalation, or other means.
Many items qualify as drug paraphernalia, including:
- Items used to inject drugs, such as hypodermic syringes and needles
- Items used to inhale marijuana, hashish, hashish oil, or other dangerous drugs, such as pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, chamber pipes, carburetor pipes, bongs, and chillums
- Items used to ingest narcotic drugs or other dangerous drugs, such as miniature cocaine spoons and cocaine vials
- Kits for planting, propagating, cultivating, growing, or harvesting any species of plant that is a drug or from which a drug can be derived
- Kits for manufacturing, compounding, converting, producing, processing, or preparing drugs
- Scales and balances for weighing or measuring drugs
- Isomerization devices that increase the potency of any plant that is a drug
- Testing equipment that analyzes the strength, effectiveness, or purity of drugs
- Diluents and adulterants used in cutting drugs, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose
- Separation gins and sifters used to clean, refine, and remove twigs and seeds from marijuana
- Devices for compounding drugs, such as blenders, bowls, containers, spoons, and mixing devices
- Items for packaging small quantities of drugs, such as capsules, balloons, and envelopes
- Containers for storing or concealing drugs
State law prohibits the use, manufacturing, possession, and delivery of drug paraphernalia for any of the above purposes. Any of these violations constitutes a Class 6 felony. It is also a Class 6 felony to place an advertisement for the sale of any object if the person knows or should reasonably know that the objects are designed or intended to use as drug paraphernalia.
How Does the Court Decide What Counts as Drug Paraphernalia in Phoenix?
Many items that can be considered drug paraphernalia have other perfectly legal uses.
The court considers many factors when deciding what counts as drug paraphernalia, including:
- Evidence of drugs, such as drug residue on the item or physical proximity of the item to drugs
- Personal statements concerning its use, either from the owner or anyone in control of the item
- Drug-related criminal history of the owner of the item or anyone in control of the item
- Written or verbal instructions concerning how to use the item, or descriptive materials depicting how to use it
- Expert testimony concerning the use of the item
- Sales information, including the manner in which the item is displayed for sale or any advertising concerning its use
- Legitimate use for the item in the community
- Business information explaining a legitimate business use, such as if the owner of the item is a licensed distributor or dealer of tobacco
- Evidence of intent showing that the owner of the item knew or should have known that the item was intended to violate Phoenix drug paraphernalia drug laws
Reach out to a Phoenix drug lawyer.
