Drug Paraphernalia in California - Health and Safety Code 11364 HS
This is a widespread drug crime that is charged all the time in LA County and is an elementary charge for the prosecutors to prove if they can show that a person is somehow possessing some drug paraphernalia that violates HS 11364.
Probably the easiest thing to prove is where the paraphernalia – whether it be some glass pipe or other smoking device – if that device has residue of an illegal substance on it, then that's a pretty strong argument that the person is using it, and it unlawfully is possession of paraphernalia.
Once the police find paraphernalia in a car, they usually give them the green light to search the entire vehicle.
So, on the one hand, having drug paraphernalia in your possession is a considerable disadvantage. It can lead to arrest, being sent into custody, and having a criminal mark on your record, which can have long-term implications for your personal and professional life.
On the other hand, in some drug possession cases, the prosecutors and police want to charge the person with possession for sale, which is a much more severe crime than just straight possession of paraphernalia.
But that paraphernalia possession indicates somebody who is a user and not a seller, and therefore, sometimes the charge can be used to assist the person.
What Results Can Be Expected?
A lot of times, if that's all the charge, we can get a diversionary sentence. Sometimes, we can get the charges dismissed if they cannot prove that the paraphernalia is possessed for an illegal purpose.
But the possession of paraphernalia – especially in today's society – is much easier to deal with as a criminal defense attorney than it was several years ago.
A skilled attorney can navigate the legal system, advocate for your rights, and explore alternative solutions, such as rehabilitation programs, rather than just warehousing or incarcerating individuals.
Based on that rationale and that theory of logic, we've had a lot of success keeping people who are charged with possessing paraphernalia out of jail under Health & Safety Code Section 11364. We've also been able to get people into programs.
We've been able to get diversionary sentencing. We've been able to get records wiped clean. All sorts of things can be done if the case is handled correctly – you don't have a bad criminal record, and you have the right attorney.
Legal Defenses
One big defense that I have had a lot of success in using over the last twenty-five years of defending drug cases – specifically possession of paraphernalia cases – is that the police had no business being in the location and searching the area that they were searching.
If we can show that the police are illegally searching a car, home, or the individual's person, then we can get whatever they found thrown out. It can't be used against them, and they can't charge them with it.
So, filing search and seizure motions—arguing that the police violated the person's Fourth Amendment rights—is a massive weapon that can be used to defend these possession of paraphernalia cases.
Another thing that I utilize all the time is that a lot of the time, the police are stopping people illegally – either on foot or in their vehicle. If they are illegally stopped and then illegally searched, then that can be the grounds to say, no – you shouldn't have been able to stop or bother this person in the first place.
This is not a police state. You won't be able to stop everybody you want to.
You didn't have probable cause or reasonable cause that criminal activity was afoot, and therefore, the stop was illegal; and anything you found after that cannot be used against the person must be suppressed, and therefore, if that's all the evidence that the police have the case must be dismissed.
Drug Paraphernalia Possession
Authorities will try their best to get you on a charge of drug possession if you are found with paraphernalia. You may be charged with a more severe crime than you have committed; therefore, you must obtain a criminal lawyer to help you.
Drug paraphernalia is broadly defined as all equipment, products, and materials of any kind that are 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.
Because these charges are so broad, they are more accessible than most to support. Therefore, it is crucial to obtain a defense attorney who knows the system and is familiar with the federal court procedures.
Strategies To Use
If you have a defense, that's the best strategy, and having a reasonable criminal defense attorney who can execute that defense is crucial. When I sit down with people and talk about what happened, I encourage them to be honest and give me all the facts and details. This trust is crucial in building a strong defense for your case.
One of the biggest things the prosecutors are looking at is whether they can even prove that the paraphernalia that the person has is illegal. Maybe it has some legal or innocent purpose – and that's where a great defense attorney makes the arguments for you.
If you have no criminal record, that would be something that would be in your favor. If no drugs were found in conjunction with the possession of the paraphernalia, then you have a strong argument that there is no harm/no foul. You really shouldn't be charged with a crime. So, what I have you do is you come in. You lay out all the details.
I tell you exactly what you could do to help me best defend you. Once I hear all the facts and details related to your case, I give you an idea of what you're looking at.
Then we set about the plan to get you the best resolution, get you out of the criminal justice system as fast as possible, and get your possession of paraphernalia dealt with in the right way so it doesn't haunt you the rest of your life.
Related Content:
