People generally understand that they may face criminal charges if they get caught while in possession of controlled or prohibited drugs. The exact charges the state pursues and the penalties that the courts might impose depend on the type of drug, the amount of drugs and even the prior record of the defendant.
In some cases, other items found in an individual’s possession during a drug arrest could have a major impact on the drug charges that they face. Drug paraphernalia can potentially become a complicating factor for a defendant facing drug charges.
Paraphernalia possession is illegal
State law very clearly prohibits the possession of drug paraphernalia. Anyone caught in possession of tools used to produce or consume drugs could be at risk of secondary charges. Even test kits intended to protect people from contaminated drugs could lead to paraphernalia charges.
Possession of paraphernalia is typically a Class C misdemeanor charge, although certain factors could result in Class A misdemeanor or state jail felony charges. Defendants may face multiple charges and additional penalties because of the paraphernalia in their possession. The penalties could range from a $500 fine to up to $10,000 in fines and up to two years in jail.
Paraphernalia can justify harsher charges
Sometimes, prosecutors view the presence of paraphernalia as an indicator that an individual possessed drugs with the intent to distribute them to other people. Particularly if people have postage scales or digital scales in their possession, that may lead to the state assuming that they intended to weigh out drugs to sell them to others.
Individual packaging could also be paraphernalia that raises questions about the defendant’s intent. Finally, having single-use consumption tools or multiple consumption tools could raise questions about the intent of the person facing the drug charges. Those with certain types of paraphernalia in their possession could be at increased risk of felony possession with intent charges instead of basic possession charges.
Reviewing all of the details that have led to pending Texas drug charges with a skilled legal team can help people start developing a defense strategy. Defendants may be able to reduce the charges they’re facing or avoid a conviction if they respond appropriately to their pending charges.