Cincinnati Drug Paraphernalia Attorney

Defending the Accused in the State of Ohio

When you think of drug crimes, you probably think of drug possession or drug manufacturing. However, these are not the only drug crimes you could be charged with. Drug paraphernalia crimes are also serious offenses.

If you have been charged with a drug paraphernalia offense, you should not hesitate to contact a drug crime defense attorney as soon as possible. The sooner you obtain legal representation, the sooner you can start building a strong defense.

To discuss your drug paraphernalia case with our experienced criminal defense team, call us at (513) 924-4378 or contact us online.

What Is Drug Paraphernalia?

Drug paraphernalia is a term used to refer to any equipment, product, or material that is used to plant, grow, harvest, cultivate, manufacture, compound, convert, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body. It is also used to refer to any equipment, product, or material that is used to help hide or mask the presence of a controlled substance.

Drug paraphernalia includes many items that are not directly related to illegal drugs. For example, a soda can might be considered drug paraphernalia if it is used to hide illegal drugs. A spoon might be considered drug paraphernalia if it used to inject a controlled substance into the body.

Drug paraphernalia includes the following:

• Blenders, bowls, containers, spoons, and mixing devices that are used to compound or process illegal drugs
• Kits that are used to produce illegal drugs
• Testing equipment that is used to identify illegal drugs
• Scales and balances that are used to weigh illegal drugs
• Containers and other products that are used to store illegal drugs
• Hypodermic needles and syringes that are used to inject illegal drugs
• Pipes and other products that are used to smoke illegal drugs
• Papers, plastic bags, and other products that are used to package illegal drugs
• Items that are used to hide or mask the presence of illegal drugs

It is important to note that many of the items listed above can be used for legitimate purposes. For example, a scale might be used to weigh food or other items. However, if it is used to weigh illegal drugs, it can be considered drug paraphernalia.

Drug Paraphernalia Laws

Drug paraphernalia laws are designed to punish people who are involved with drugs. These laws are also designed to deter people from getting involved with drugs. As a result, drug paraphernalia offenses can be punished with severe penalties.

Manufacturing Drug Paraphernalia

It is a crime to manufacture, sell, or deliver drug paraphernalia in the state of Ohio. It is also a crime to possess drug paraphernalia with the intent to manufacture, sell, or deliver it. Manufacturing drug paraphernalia is considered a more serious offense than selling or delivering it. As a result, it is subject to more severe penalties.

Manufacturing drug paraphernalia is a Class A misdemeanor. It is punishable by up to 1 year in jail, $6,250 in fines, or both. If you have been convicted of manufacturing drug paraphernalia, you will also be subject to a mandatory minimum penalty. This penalty is a fine of $2,000 if you have no prior drug convictions, $4,000 if you have 1 prior drug conviction, or $10,000 if you have 2 or more prior drug convictions.

Selling or delivering drug paraphernalia is also a Class A misdemeanor. It is punishable by up to 1 year in jail, $6,250 in fines, or both. If you have been convicted of selling or delivering drug paraphernalia, you will also be subject to a mandatory minimum penalty. This penalty is a fine of $1,000 if you have no prior drug convictions, $3,000 if you have 1 prior drug conviction, or $8,000 if you have 2 or more prior drug convictions.

Possessing drug paraphernalia with the intent to manufacture, sell, or deliver it is a Class B misdemeanor. It is punishable by up to 6 months in jail, $2,500 in fines, or both. If you have been convicted of possessing drug paraphernalia with the intent to manufacture, sell, or deliver it, you will also be subject to a mandatory minimum penalty. This penalty is a fine of $1,000 if you have no prior drug convictions, $2,500 if you have 1 prior drug conviction, or $5,000 if you have 2 or more prior drug convictions.

Possessing Drug Paraphernalia

It is also a crime to possess drug paraphernalia in the state of Ohio. Possession of drug paraphernalia is considered a less serious offense than manufacturing, selling, or delivering it. As a result, it is subject to less severe penalties.

Possession of drug paraphernalia is a Class C misdemeanor. It is punishable by up to 30 days in jail, $1,250 in fines, or both. If you have been convicted of possession of drug paraphernalia, you will also be subject to a mandatory minimum penalty. This penalty is a fine of $500 if you have no prior drug convictions, $1,000 if you have 1 prior drug conviction, or $2,500 if you have 2 or more prior drug convictions.

Drug Paraphernalia Defenses in Ohio

If you have been charged with a drug paraphernalia offense, you should not assume that you will be convicted. The prosecution has the burden of proving that you are guilty beyond a reasonable doubt. This is a high burden of proof that is not easy to meet.

There are many defenses that can be used to fight drug paraphernalia charges. The defense that is used in your case will depend on the specific circumstances. Here are some of the defenses that can be used to fight drug paraphernalia charges:

• The drug paraphernalia was not yours
• You did not know that the item was drug paraphernalia
• You were not aware that the item was being used for an illegal purpose
• The item does not meet the legal definition of drug paraphernalia
• The police found the drug paraphernalia through an illegal search and seizure
• The police planted the drug paraphernalia on you
• You were the victim of mistaken identity
• You were the victim of entrapment

It is important to note that you are innocent until proven guilty. The prosecution has the burden of proving that you are guilty beyond a reasonable doubt. You do not have to prove that you are innocent. You only have to raise a reasonable doubt about your guilt. This is where our experienced Cincinnati drug paraphernalia attorneys can help.

Expungement of Drug Paraphernalia Charges

If you have been convicted of a drug paraphernalia offense, you should not assume that you will be stuck with a criminal record for the rest of your life. You may be eligible to have your conviction expunged.

If you have been convicted of a drug paraphernalia offense, you should consult an experienced Cincinnati drug paraphernalia attorney to determine whether you are eligible to have your conviction expunged. If you are eligible to have your conviction expunged, you should consult an attorney to help you through the expungement process.

How a Drug Paraphernalia Defense Attorney Can Help

If you have been charged with a drug paraphernalia offense, you should consult a Cincinnati drug paraphernalia defense attorney as soon as possible. our attorney can help you understand your legal options and develop a strong defense strategy. An attorney can also represent you in court and help you fight the charges.

Our Cincinnati drug crime defense attorney can also help you obtain a favorable plea agreement. A plea agreement is an agreement between the prosecution and the defense that allows the defendant to plead guilty to a lesser charge or receive a lighter sentence. A plea agreement can help you avoid the most serious penalties.

Why Choose Herzner Law, LLC?

If you have been charged with a drug paraphernalia offense, you need an experienced drug crime defense attorney on your side. At Herzner Law, LLC, we are committed to defending the accused. We have the knowledge, skills, and resources that are needed to win even the most challenging drug crime cases. We understand that being charged with a drug crime can be a life-changing event. That is why we will do everything in our power to help you get your life back on track. We will fight for you every step of the way.

To schedule a free consultation with our drug crime defense team, call us at (513) 924-4378 or contact us online.