Drug paraphernalia charges are very complex, both in terms of the evidence used to support the charges and the factors considered in determining whether an offense should be treated as a felony or simply a misdemeanor. Given the complications of this legal area, having an attorney on your side who is thoroughly acquainted with Clark County's drug paraphernalia laws and the ways they are typically handled by Judges and prosecutors is absolutely essential. You may not even be aware of the heavy sentences that are possible if a prosecutor is allowed to treat your case unfairly. On the other hand, a defense lawyer who knows his way around the legal environment just might be able to keep you out of the courtroom altogether by calling evidence and testimony into question.
What Evidence Can Be Used To Convict?
One of the nuances of drug paraphernalia charges is the circumstantial evidence that comes into play. Here are just some of the factors that a prosecutor may use to seek a conviction:
- How close the item(s) in question were to actual drugs or drug users at the time of arrest
- Any instructions found about the use of the item(s) in connection with drugs
- Verbal statements by you or others about the drug-related purpose of the item(s)
- Expert testimony on the drug-related purpose of the item(s)
As you can see, word of mouth and location of the presumed paraphernalia play a large role in this type of case. These subtle pieces of intangible evidence require the skills of a defense attorney who is intimately familiar not only with legal defense in general, but also with the particular factors involved in the Las Vegas environment.
What Penalties Are Possible?
There are three penalty levels that are possible if convicted on a drug paraphernalia charge:
- Misdemeanor: Use and/or possession of drug paraphernalia (maximum six months in jail and/or $1,000 fine)
- Category E Felony: Sale, manufacture, or delivery of drug paraphernalia (1 to 4 years in prison and/or maximum fine of $5,000)
- Category C Felony: Delivery of drug paraphernalia to a minor at least three years younger than yourself (1 to 5 years in prison, maximum fine of $10,000, and/or restitution for the minor's participation in a substance abuse program)
Don't make the mistake of taking a drug paraphernalia accusation lightly. A prosecutor can quickly build up the charges and successfully bring a heavy conviction unless faced with an attorney that uses the legal system just as effectively as he does.
