Drug paraphernalia is a very encompassing and broad term in Alabama, which means all equipment, products, and materials of any kind that are used, intended to for use, or designed for use in planning, cultivating, growing, harvesting, manufacturing, injecting, ingesting, inhaling, or otherwise introducing to the human body a controlled substance.
If you have been charged with a crime relating to the possession of any sort of drug paraphernalia, it is pertinent that you contact an Alabama drug paraphernalia lawyer as soon as possible. An experienced drug attorney will be able to help effectively defend you against any penalties you may be facing.Potential Penalties
In Alabama, a person charged with drug paraphernalia faces, if the case is prosecuted in municipal court, a fine of up to $500 and up to 180 days in city jail. A person prosecuted for drug paraphernalia in Alabama through the district court faces up to a year in the state prison system or county jail and up to a $6,000 fine.
In Alabama, ignorance of the law is not a defense. However, a seasoned Alabama drug paraphernalia lawyer can lessen or get rid of penalties for a drug paraphernalia charge by arguing that the particular paraphernalia a person was found in possession of was not intended for use or used in furtherance of a drug offense. As well, many times a lawyer can negotiate for a dismissal agreement through some type of diversionary or drug court program.
In Alabama, a person charged and accused of possession of drug paraphernalia is prosecuted as any other charge is. They are presumed innocent, they have a right to demand the state or municipal government prove what the substance was beyond a reasonable doubt, and they have right to a trial and to cross-examine any witnesses that the government intends to use for their case.Severity of the Charge
The type of paraphernalia that a person has and the substances associated with it could impact the drug paraphernalia charge moving forward. The courts would look at the factors in determining whether the object is paraphernalia, such as statements by the owner or anyone in control of the object, prior convictions of the owner for previous drug or paraphernalia-related offenses, the proximity of the person to the alleged paraphernalia, the existence of any residue on the paraphernalia, and the descriptive materials accompanying the paraphernalia.
If a person has previously been convicted of a drug paraphernalia charge, this could increase the range of penalties they face. An Alabama drug paraphernalia attorney can help minimize any penalties associated with such a charge.Associated Charges
Many times in Alabama, an Alabama drug paraphernalia lawyer will see charges associated with simple marijuana possession charges or possession of controlled substance charges where the paraphernalia is found in close proximity to the controlled substance. Many times these type cases evolve from either a traffic stop, a search warrant being executed in someone’s home, or a stop and frisk on the roadside.Rights of an Individual
As with all criminal offenses in Alabama, a person charged with drug paraphernalia has the right to demand the nature of the accusation in a verified criminal complaint. They have the right to a trial in front of the judge in either municipal or district court, and as well a right to a trial in front of a jury in the circuit. They have a right to cross-examine witnesses, and they have a right not to testify. Therefore, it is very important to contact an experienced drug paraphernalia lawyer in Alabama that is skilled in defending drug paraphernalia charges to evaluate the rights that a person has.