Possession of Drug Paraphernalia
With some of the most stringent drug laws in the nation, Texas is a place where you do not want to be caught with anything illegal. Many drug charges, even simple possession, are considered felonies. This harsh stance on illicit substances also extends to situations where individuals are in possession of nothing more than rolling papers or a pipe, meaning that a person can be sent to jail without actually having any drugs on their person.
The unfortunate fact is that law enforcement can punish individuals who are in possession of what can be viewed as being 'related' to drug use. Although they cannot charge you with drug possession, if police see that you have linked items, they have full legal authority to charge you with misdemeanor possession of drug paraphernalia.
Considering that this charge alone can bring severe consequences, making certain that you are well represented with the help of a criminal defense attorney can be a major help. An attorney will be able to argue your case and provide the legal resources necessary to effectively fight to protect your name and freedom.
Houston Drug Paraphernalia Attorney
Many people tend to dismiss misdemeanors and minor offenses as having little effect on their future. This type of thinking is irresponsible and can lead to ramifications well beyond what you could have thought possible. A misdemeanor has effects that can easily leak into other areas of your life. For one, you will have a permanent criminal record that individuals and businesses can access with the click of a mouse if they feel the need to check your background. This list of consequences can extend quite far, making your defense a vitally important aspect of the criminal proceedings.
Fortunately, you have a strong and experienced advocate in Matt Horak, a Houston criminal defense attorney who is well versed in Texas drug laws. Matt has a great deal of casework that involves protecting individuals accused of possessing drug paraphernalia, and this previous experience will enable him to bring efficient and productive strategies to your defense. He will offer this legal knowledge, along with a distinct commitment to protecting your constitutional rights, to the table as he represents you throughout this difficult and stressful process.
As the primary attorney at a full-service firm, Matt Horak is focused on handling every aspect of your case, from the gathering of relevant evidence to arguing for you in court. Proactive in nature, Matt seeks out what is important in your case and uses every possible strategy to make sure you are well taken care of and given the greatest opportunity to have the charges reduced or completely dismissed.
Offering cost-effective legal counsel, an already delicate legal-financial situation will be alleviated by the fact that you will not be charged and arm and a leg for the representation of a qualified criminal defense attorney. This will help you focus on the case at hand without the overarching worry that your finances will be strained.
Please call (713) 225-8000 or send an online message to schedule a confidential consultation with Matt Horak today. With a focus on quick response, you can rest assured that as soon as Matt has all the fact of your case, he will immediately get started on working towards a solution to your legal issues.
Matt offers his legal services to individuals and families throughout Southeast Texas, including the cities of Houston, The Woodlands, Conroe, Katy, Tomball, Pearland, Galveston, Sugar Land, Pasadena, League City and Spring, among many others.
Types of Drug Paraphernalia
There is a large assortment of things considered to be drug paraphernalia. If there is anything that could be used in conjunction with illegal drugs, officers have the authority to arrest you. Some of the more common types of drug paraphernalia include:
- Water Pipe / Bong
- Rolling Papers
- Growing Equipment
- Separation Gin
- Manufacturing Kit
- Dilutant or Adulterant
- Concealing Container
Possession of Drug Paraphernalia under Texas Law
The particular legal wording regarding possession of drug paraphernalia can be found in Section 481 or the Texas Health and Safety Code. According to §481.125, a person commits the offense of possession of drug paraphernalia if the person knowingly or intentionally:
- possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, store, contain or conceal a controlled substance; or
- To inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
Furthermore, a person commits the offense of delivery of drug paraphernalia if the person knowingly or intentionally:
- Delivers, possesses with intent to deliver, or manufactures with intent to deliver, drug paraphernalia, knowing that the person who receives the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, store or contain; Or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Penalties for Possession of Drug Paraphernalia
The punitive effects of a possession conviction are quite severe. Both possession and delivery of drug paraphernalia are considered misdemeanors, but the charges come with tough sanctions, including the possibility of jail time and costly fines.
An individual who is charged with possession of drug paraphernalia will be facing a Class C misdemeanor. According to §12.23, a class C misdemeanor conviction comes with a maximum fine amount of $500.
If you are charged with delivery of drug paraphernalia, the state classifies this as a Class A misdemeanor. If convicted of a Class A misdemeanor, the presumptive penalty is confinement in jail for a term not to exceed one year and / or a fine not to exceed $4,000.
As you can see, the possible ramifications are enhanced greatly if the officer decides to charge you with delivery. This can be a subjective judgment call by the officer depending on the circumstances of the case and the evidence involved. Matt Horak will take every possible opportunity to refute a delivery charge in order to reduce the potential negative effects.
Horak Law | Harris County Possession of Drug Paraphernalia Lawyer
If you or a loved one has been charged with possession of drug paraphernalia, it is important to take the necessary steps to fight these allegations. The most effective manner of doing so is to hire a capable and experienced Houston criminal defense attorney who can take the facts of your case and develop a defense strategy that refutes the charges and allows you to move on with your life at minimum cost.
As an aggressive Harris County attorney, Matt Horak can be counted on to get to the bottom of your case and identify the truly important aspects, focusing on the relevant details without wasting time on hunches and guesswork. This fact-based approach is done in both a timely and measured manner, giving you both peace of mind and the comfort of knowing that you are being represented by a dedicated and pragmatic attorney.
To schedule a risk-consultation with Horak Law, please call (713) 225-8000 or send an online message today. The firm proudly represents individuals and families throughout Southeastern Texas, including the cities of Houston, The Woodlands, Sugar Land, Humble, Baytown, Conroe, Richmond, Liberty and many others. This service extends throughout Harris County, Montgomery County, Fort Bend County, Waller County, Liberty County, Galveston County and Brazoria County.