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Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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Orange County Drug Paraphernalia Lawyer 

Drug paraphernalia charges may seem minor, but first-time and habitual offenders could be subject to harsh penalties if convicted. Drug paraphernalia charges may be far more severe than you previously thought. 

If you hope to protect your future and avoid a devastating conviction, you need the help of an experienced Orange County drug paraphernalia attorney. Contact the Law Offices of Graham D. Donath for a confidential consultation when you call our office at 714-758-5293. 

Why Choose Graham D. Donath As Your Paraphernalia Lawyer?

Your future is on the line when facing drug paraphernalia charges in Orange County. Here are some of the benefits you get when you choose the paraphernalia attorney at the Law Offices of Graham D. Donath to defend your case:

  • Mr. Donath is a former deputy public defender in Riverside County, so he has a unique perspective into how the state’s prosecutors handle drug paraphernalia charges like yours
  • Our firm values honest and open client communication
  • Our former clients have described us as highly experienced and aggressive
  • Mr. Donath is an award-winning Certified Specialist in Criminal Law by the California State Bar Board of Legal Specialization
  • Our firm is 100% devoted to the practice area of criminal defense
  • We give every case the attention to detail it deserves
  • Attorney and Donath has been named a Top 100 Trial Attorneys in Southern California by the National Trial Lawyers Organization every year since 2013

When Can You Be Charged With Drug Paraphernalia Crimes?

Under California Health and Safety Code 11364 HS, any equipment or apparatus that can be used to consume or inject a controlled substance is illegal. 

The use, possession, and sale of controlled substances encompass various drug crimes. These include commonly known controlled substances, including heroin, cocaine, methamphetamines, LSD, opiates, hallucinogens, depressants, opium derivatives, and more.

For the state’s prosecutor to prove drug paraphernalia charges beyond a reasonable doubt, specific elements will need to be met, including:

  • The defendant knew that drug paraphernalia was in their possession
  • The defendant knew that drug paraphernalia was present at the time of their arrest
  • The defendant was using or in control of the drug paraphernalia at the time of their arrest

Your drug paraphernalia attorney in Orange County will be working tirelessly to gather evidence that introduces reasonable doubt in the jury’s minds so you can avoid a conviction.

Other Drug Crimes You Could Face In California

There are several types of drug paraphernalia charges and other drug-related crimes that you could be facing in relation to your drug paraphernalia charges. First, you could be arrested and charged with possession of drug paraphernalia or the sale of drug paraphernalia. 

 

These are just a few of the more common types of drug crimes you could face in relation to your drug paraphernalia charges. If you are unsure which drug crimes you have been charged with, contact your drug paraphernalia lawyer in Orange County for the answers you are looking for.

What is Considered Drug Paraphernalia?

It can be difficult to determine what constitutes drug paraphernalia. Under California law, there are multiple types of drug paraphernalia, some of the more common of which include:

  • Pipes
  • Bonds
  • Rolling papers
  • Plastic baggies
  • Lighters
  • Spoons
  • Weighing scales
  • Grinders
  • Glass panels
  • Aluminum foil
  • Syringes
  • Needles
  • Razor blades
  • Mirrors
  • Smoking masks
  • Clips
  • Freebase kits
  • Cigarette packages
  • Cotton balls

Drug paraphernalia can take many different forms. If you are unsure whether the items in question can be considered drug paraphernalia in your case, contact your drug lawyer in Orange County to understand the severity of the charges against you. 

Penalties Of a CA Drug Paraphernalia Conviction 

The consequences of drug paraphernalia or related conviction could have a devastating impact on your life for years to come. Here are some of the criminal penalties you can face if you are convicted of drug paraphernalia charges in Orange County:

  • Convictions under California Health and Safety Code 11364.5 HS, setting up a business premise close to drug paraphernalia displays, is a misdemeanor, punishable by a sentence of up to one year in county jail and fines as high as $1000.
  • Convictions under California Health and Safety Code 11364.7 HS, the supply, production, transport, or ownership of drug paraphernalia is a wobbler, which can be a misdemeanor or a felony. Misdemeanor convictions can carry a sentence of up to one year in county jail and fines of up to $1000, while felony convictions carry a sentence of up to three years in California state prison and fines as high as $10,000.
  • Convictions under California Health and Safety Code 11350 HS, possession of a controlled substance without a prescription, is a misdemeanor, punishable by as much as one year in county jail and fines of up to $1000.
  • Convictions under California Health and Safety Code 11379.6, the manufacture, production, or preparation of a controlled substance is a felony, punishable by a sentence of up to seven years in California state prison and fines as high as $50,000
  • Convictions under California Health and Safety Code Sections 11351-11379, the trafficking, import, transfer, or sale of controlled substances is a felony, punishable by a sentence of up to four years in California state prison and fines as high as $10,000.

However, fines and jail time are not the only penalties you will experience if you are convicted of a drug paraphernalia crime. Some of the common types of collateral consequences you may experience if you are found guilty of a drug paraphernalia charge in Orange County include:

  • Job loss
  • Suspension or revocation of your professional licenses
  • Suspension or revocation of your driver’s license
  • Trouble finding quality housing
  • Loss of federal student aid eligibility
  • Loss of firearm rights
  • Citizenship or immigration issues
  • Child custody troubles
  • Damage to your reputation

With a strong Orange County drug paraphernalia attorney working on your defense strategy, you may be able to avoid these penalties by preparing a powerful defense and exploring your legal options if you are a first-time offender.

Options for First Time Drug Paraphernalia Offenders 

As an alternative to jail or prison time, depending on the type of drug paraphernalia or drug-related crime you are charged with, you could instead work out a plea agreement with the state’s prosecutor to serve probation or participate in a community service program. 

Alternatively, you might also benefit from attending counseling or entering a drug diversion program under California Penal Code 1000 PC. Here, once you complete the terms of your program, your drug paraphernalia charges could be reduced or dismissed entirely.

Some of the requirements you may need to meet while completing your drug diversion program Include:

  • Passing regular drug and alcohol testing
  • Completing court-mandated counseling
  • Completing community service
  • Participating in driver retraining
  • Obtaining gainful employment 

However, not every person charged with drug paraphernalia crimes or other drug-related charges will be eligible for pretrial diversion programs. Only in instances where the defendant is a first-time or non-violent offender may these programs be available. Find out whether you qualify by contacting your drug paraphernalia lawyer in Orange County for answers and support.

Actual vs Constructive Possession in California

For the state’s prosecutor to prove that you were in possession of drug paraphernalia, they will need to prove your guilt beyond a reasonable doubt. One of the top ways to challenge the charges against you is to question whether you were actually in possession of the drug paraphernalia in question. There are two primary types of possession, actual and constructive.

Actual possession refers to a person having physical possession of drug paraphernalia on them or their person. If drug paraphernalia was found in your pants pocket or your purse, you would be found in actual possession of the drug paraphernalia. 

Constructive possession is different. Here, you may have had access to the drug paraphernalia, but it may not have been yours, and it may not have been in your possession. For example, if you share an apartment with three roommates, and drug paraphernalia was found in the living room, this would be referred to as constructive possession. 

While you may have had access to the drug paraphernalia in question, it does not necessarily indicate that the drug paraphernalia was yours or that you had any intention of using it.

Defenses Against California Drug Paraphernalia Charges 

If you do not qualify for a pre-trial diversion program, you must prepare a powerful defense strategy if you hope to avoid conviction. Drugs paraphernalia and related charges have many potential defenses that could be used depending on the specific details of your case. 

Here are a few of the more common drug paraphernalia defenses seen in Orange County criminal courts:

The equipment was not drug paraphernalia

You may be surprised at some of the different objects and items that resemble drug paraphernalia but are not. For example, if the pipe you use is only used to smoke tobacco, you should not be convicted of drug paraphernalia charges, as tobacco is legal for recreational use.

You did not know that the object was in your possession

If you were charged with drug paraphernalia possession but did not know that the drug paraphernalia was on your person, you should not be found guilty. A good example could be someone who slips a bong into your bag to avoid being arrested.

You did I know that the object was drug paraphernalia

For a drug paraphernalia charge to apply, the state’s prosecutor must prove that you knew the item in question was drug paraphernalia. If you have no criminal record or history of drug use, you may be able to prove that you did not know that the equipment or apparatus was used to consume or inject controlled substances.

Illegal search and seizure

Police and law enforcement officials only have the authority to search you, your home, or your promises when you permit them to do so, or they have a warrant. Any evidence obtained during an illegal search should be deemed inadmissible and suppressed as evidence against you under California Penal Code 1538.5.

Entrapment by law enforcement officials

Under California Health & Safety Code section 11364, you cannot be found guilty of drug paraphernalia or other related crime if law enforcement officials enticed you into committing the crime in question. If the commission of your crime was encouraged by the police, you should not be convicted of the charges against you.

Lack of supporting evidence

If the state’s prosecutor has not met the specific elements needed for the drug paraphernalia charges against you to lead to a conviction under the law, your attorney can file a motion to dismiss due to insufficient evidence.

Drug Paraphernalia Attorney Orange County

Contact an Orange County Drug Paraphernalia Attorney for Help

The drug paraphernalia charges against you do not need to destroy your life. You may be able to enter into a pretrial diversion program or other plea agreement, and if those are not an option, your attorney can help you prepare the strongest defense possible. 

Start working on your defense strategy today when you meet with a dedicated Orange County drug paraphernalia lawyer at the Law Offices of Graham D. Donath. You can reach us through our secure contact form or call our Orange County office at 714-758-5293.