Rockland County Drug Paraphernalia Lawyer
Most drug charges in Rockland County center around the possession or sale of illegal substances. However, many people do not realize that the possession of otherwise legal items may be a criminal offense if police and prosecutors can link the use of them to a drug offense.
A Rockland County drug paraphernalia lawyer could work to dispute the intent behind holding these items and question the legality of any searches that may have led to the arrest. By working with an experienced drug lawyer, you may be able to work to a more positive outcome.
Drug Paraphernalia and the Law
Police can arrest a person for possessing an otherwise legal substance if they have probable cause to believe that a person will use that item to commit a crime. Drug paraphernalia falls under this category. According to New York Penal Law §220.50, possessing the following substances may lead to criminal charges:
- Dilutants or adulterants used for mixing or separating narcotic drugs
- Gelatine capsules, vials, or other packaging materials
- Scales or balances
In this way, possessing something as innocuous as an envelope or a kitchen scale could be a criminal offense if police believe someone uses that item in conjunction with a drug offense. A Rockland County drug paraphernalia lawyer could help refute the idea that these common items should be probable cause for an arrest.
Police Searches in Rockland County
A major issue in drug paraphernalia cases arises when police can search a person’s possessions. Every citizen has the right to privacy under the 4th Amendment, and police can only violate that right if they have probable cause to believe that evidence of a crime is located on a person’s body or on their property.
As a result, many drug paraphernalia cases center around the legality of a search warrant. To successfully obtain a warrant, police officers must swear to a judge that there is probable cause to believe that evidence of a crime exists on a person’s property. In drug paraphernalia cases, this is often evidence of drug distribution. A Rockland County drug paraphernalia lawyer could help dispute the legality of these search warrants.
Similarly, police cannot stop a person on the street and ask them to empty their pockets. They must witness a crime taking place to stop and search a person. One common scenario is a traffic stop where police ask to search a vehicle. This may turn up evidence of drug paraphernalia. An attorney could help to fight back against these searches and any evidence they uncover in court.
Call a Rockland County Drug Paraphernalia Attorney
Cases centered around drug paraphernalia can be very complicated. The items in question in these cases are not illegal in and of themselves. Rather a police officer or prosecutor believes that these items are connected to drug distribution.
A Rockland County drug paraphernalia lawyer could fight to dispute the intent that you had in possessing these items. They can argue that you have never had anything to do with a drug offense. At the same time, they could work to argue that the police work that led to the arrest violated your right to privacy. Contact a lawyer today to discuss your case.