Drug Paraphernalia

Westchester Attorneys Prepared To Fight For You

Westchester County Drug Paraphernalia Lawyers

Protecting Your Family, Your Future & Your Freedom

While New York has decriminalized the possession of small amounts of marijuana, the possession of drug paraphernalia is still a crime. This includes not only the possession of items commonly associated with drug use, such as bongs and pipes, but also a wide array of items that could be used for drug use. If you are facing charges involving drug paraphernalia, don't wait to get experienced legal help.

At Riebling & Payton, PLLC, our Westchester County drug paraphernalia lawyers have been protecting the rights of the accused for over 50 years. We understand the consequences you face and how to effectively resolve these cases. When you choose us, you can trust that we will do everything we can to secure the best possible outcome for you.

Get the proven defense you need by calling our office at (914) 712-6878 or contacting us online today.

What Is Drug Paraphernalia?

Drug paraphernalia is a term that refers to any object or device used to prepare, package, or use drugs. This includes items that are used for both legal and illegal drugs. In fact, many legal substances can be used as drug paraphernalia, such as alcohol, tobacco, and prescription medications.

Some examples of drug paraphernalia include:

  • Bongs
  • Pipes
  • Needles
  • Spoons
  • Scales
  • Bags
  • Rolling papers
  • Roach clips
  • Grinders
  • Freebase kits
  • Small mirrors
  • Water pipes
  • Chillums
  • Miniature spoons
  • Vials
  • Envelopes
  • Blenders
  • Separation gins
  • Strainers
  • Measuring spoons
  • Funnel
  • Masking tape
  • Styrofoam coffee cups
  • Small glass vials
  • Butane torches
  • Electric coffee grinders
  • Plastic baggies with the corners cut off
  • Plastic soda bottles with the bottom cut off
  • Plastic pen cases containing cotton and/or a small spoon

What Are the Penalties for Possessing Drug Paraphernalia in NY?

Under New York law, it is a crime to knowingly possess or sell drug paraphernalia. This is a Class A misdemeanor. If convicted, you could face up to 1 year in jail and a fine of up to $1,000. In addition, you will have a criminal record, which can make it difficult to find employment, housing, or secure loans.

It is also a crime to sell drug paraphernalia to a minor. This is a Class D felony. If convicted, you could face up to 7 years in prison and a fine of up to $5,000. You will also have a felony criminal record, which can make it even more difficult to find a job and other opportunities.

How Does Drug Paraphernalia Affect Child Custody?

Drug paraphernalia can have a significant impact on child custody cases. The courts are primarily concerned with the best interests of the child. If you are found to be in possession of drug paraphernalia, the court may be concerned about the safety of the child while in your care. As a result, they may limit your custody and visitation rights.

In some cases, they may even order supervised visitation, meaning the child is never alone with you. If you are convicted of a drug-related crime, such as possession of drug paraphernalia, while you are a parent, the court may revoke your custody rights altogether. This is why it is so important to fight these charges with the help of an experienced attorney.

Can I Be Convicted of Possession of Drug Paraphernalia If I Didn't Have Drugs?

Yes. You can be convicted of possession of drug paraphernalia even if you didn't have any drugs. You can also be convicted if you didn't have the intent to use the object as drug paraphernalia. This is because the crime only requires that you knowingly possess the object and that the object is drug paraphernalia. It does not require that you have drugs or that you intend to use the object for drug-related purposes.

What Are Possible Defenses to Drug Paraphernalia Charges?

There are several possible defenses to possession of drug paraphernalia charges. One possible defense is that you did not know the object was drug paraphernalia. It is also possible that the object was not drug paraphernalia. For example, a pipe can be used for smoking tobacco, which is a legal substance. If the pipe is new and has never been used, it may not be drug paraphernalia. In addition, you may have been the victim of an illegal search and seizure. If the police did not have a warrant or probable cause to search you or your property, any evidence they found may be inadmissible in court.

How Our Westchester County Drug Paraphernalia Attorneys Can Help

If you are facing charges involving drug paraphernalia, you need a lawyer who understands the criminal justice system and knows how to effectively defend your rights. At Riebling & Payton, PLLC, we have a strong track record of success in these cases. We will take the time to understand your unique situation and develop a strong legal strategy just for you. Our team will work closely with you throughout the entire process, keeping you informed and helping you make the best possible decisions every step of the way.

Get the Aggressive Defense You Need Today

If you are facing charges involving drug paraphernalia, you need a lawyer who will fight for you. At Riebling & Payton, PLLC, we have a track record of success in these cases. We know how to effectively challenge the evidence against you and will fight to protect your rights, your future, and your freedom.

Get the proven defense you need by calling our office at (914) 712-6878 or contacting us online today.