Lynnwood Drug Paraphernalia Defense Attorney
Mandatory Minimum Penalties
Possession of Drug Paraphernalia is a misdemeanor in Washington State.
The maximum penalty is a $1000 fine and 90 days in jail. Possession of
Drug Paraphernalia is one of the few misdemeanor crimes that carry a mandatory
jail sentence. The mandatory minimum sentence is 1 day in jail and a $250 fine.
Types of Drug Paraphernalia
The legal definition of drug paraphernalia encompasses a wide variety of
drug-related products. In Washington State, this includes:
"all equipment, products, and materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance." RCW 69.50.440
Basically, the long definition above can be summed up as anything used
to ingest, smoke, transport, carry, conceal or otherwise make use of illegal
drugs. Pot pipes, tinfoil, needles, bongs, scales, even film canisters
used to secret drugs can result in a charge of Possession of Drug Paraphernalia.
Charges for possession of drug paraphernalia should not be treated lightly.
A charge could adversely affect the rest of your life. Searching for a
lawyer for your drug crime case in Lynnwood, WA? Contacting a Lynnwood
criminal defense attorney immediately upon arrest for possession of drug
paraphernalia is vital to ensure you get the assistance you need.
Possible Defenses to Possession of Drug Paraphernalia
The Paraphernalia Was Not Yours
A common defense to Possession of Drug Paraphernalia is that the paraphernalia
was not yours. Mere proximity to drug paraphernalia is not enough under
Washington case law to convict someone of possession. If you are a passenger
in a car and are simply near the paraphernalia, we may be above to defeat
the prosecutor’s claim that you were in constructive possession
of the paraphernalia. The owner of a car is deemed to be in constructive
possession of anything in the car. If you are not the owner of the car,
you may not be responsible for the contents.
You Did Not Know the Paraphernalia Was in the Car
If you are the registered owner of the car, we may be able to rely on
the defense of unwitting possession. Just because the item was in your
vehicle, we may be able to show that someone else put in there without
your knowledge. This is a more difficult defense to assert, but with the
right fact pattern it can be done.
The Item In Question is Not Drug Paraphernalia
Finally, simply possessing an item of
suspected paraphernalia may not be enough to convict you. Possessing a plain pipe,
or baggy, or piece of foil is not in itself illegal. The prosecutor must
also show that you intended to use the paraphernalia with a controlled
substance. If the piece of paraphernalia has no drug residue on it or
has never been used, we may be able to defeat the charge outright.
How Can Drug Paraphernalia Lawyer Lance R. Fryrear Help You?
Charged with a drug crime in Lynnwood, WA? I prosecuted Possession of Drug
Paraphernalia cases for more than 7 years. I have been defending Possession
of Drug Paraphernalia cases for more than a decade. Because there is such
a wide range of offenses under "possession of drug paraphernalia,"
it is vital that I be contacted at the onset of the case, preferably right
after the arrest. Your case should be assessed as soon as possible to
determine what the circumstances are, what the factors regarding the case
are and how to best proceed based on the charges. Even if we do not have
an outright defense above, we may still be able to negotiate a positive
result in your case and keep you out of jail and the charge off of your record.
If you have been arrested for possession of drug paraphernalia,
contact a Lynnwood criminal defense lawyer
to ensure your case gets properly evaluated for the best possible resolution.