Possession Charges for Drug Paraphernalia
California's Health and Safety Code 11364 specifically addresses the legality behind the possession of drug paraphernalia. In its verbiage, the law details the prohibitions which are currently applied to the possession of drug artifacts, also known as paraphernalia, in the state of California. Specifically, the law states that opium pipes or any other devices / instruments / contrivances or other forms of paraphernalia that are unlawfully used for the injection or smoking of a controlled substance will be considered illegal.
If you are charged and arrested for the possession of drug paraphernalia in Fullerton or any of its surrounding areas, you should not wait to contact an Orange County criminal defense lawyer from the Law Offices of Jacqueline Goodman. In doing so, you can align yourself with a drug crime defense attorney whose legal skills and courtroom prowess can be used to help you escape the penalties that would ultimately be faced upon conviction.
In order for a conviction to be made, the prosecution will first have to prove three critical elements:
- The defendant exercised control over drug paraphernalia
- The defendant was aware of the paraphernalia's presence
- The defendant knew full well that the device(s) was drug paraphernalia
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Methods of Defense
Based upon the conditions above, your criminal defense attorney will need to build an aggressive case on your behalf - a case that includes effective defense methods which can help you escape an ultimate conviction. There are a number of ways in which this can be accomplished, but which method is best suited for your case should be left up to the attorney in whom you have entrusted your defense.
When you work with the Law Offices of Jacqueline Goodman, you will be in the hands of a criminal lawyer whose defense strategies have proven to be effective for a number of past clients, many of whom would otherwise have faced serious penalties upon conviction.
Included in the array of methods that we can potentially utilize on behalf of your case are:
- Arguing that the object in the defendant's possession was not in fact drug paraphernalia
- Arguing that the defendant was not aware that the object in his or her possession was in fact drug paraphernalia
- Arguing that the paraphernalia found on the defendant was discovered during an illegal search and seizure
- Arguing that the defendant was not in fact aware of the paraphernalia's presence
In the event that the conditions of your case do not allow for the possession of drug paraphernalia charges to be dropped or dismissed altogether, we can instead act to have your charges reduced. Another option that might be available to a defendant who is ultimately convicted of their charges is that of alternative sentencing in the form of a drug diversion program. In lieu of going to jail, some persons who are convicted of possession of drug paraphernalia can instead participate in a drug rehabilitation program.
Assuming that your paraphernalia possession charges are non-violent in nature, alternative sentencing known as drug diversion can be utilized, as depicted in California Penal Code 1000 PC (drug diversion or deferred entry of judgment program). Participation in a program of this nature serves as an automatic guilty plea on the defendant's behalf. Successful completion of the program will effectively allow the judge to dismiss your charges entirely.
Why Work With Our OC Drug Crimes Attorney?
As you face the impending penalties of a conviction, who will you turn to for the aggressive defense and skillful representation that you need? At the Law Offices of Jacqueline Goodman, this is a question that our legal team thinks about often, and as such, we have tailored our methods of defense accordingly. Steadfast in the representation that we provide to our clients, and unyielding in the defense methods that we utilize on their behalf, we are able to offer criminal defendants with the aggressive and skillful representation for which they are looking.
Don't wait to contact our experienced Orange County criminal defense team to begin your defense. We are here for you!