Possession of drug paraphernalia and its determinative factors
On behalf of J. Kippa Law, LLC | September 14, 2018
Drug offenses can come in a variety of ways and it is imperative for Wisconsin residents who are arrested on drug allegations to remember that they have rights. One issue that frequently arises is when a person is arrested for possession of drug paraphernalia. Knowing how the law assesses an item and if it is being used for drugs is one of the foundational points when planning a defense. Various factors go into the determination of an item as being drug paraphernalia.
During the investigation, the owner or the individual in control of the items could make statements about it and how these items are used. This can be a key factor in a drug paraphernalia case. The location of the object is also important when deciding whether the person has violated the law. If there are controlled substances or their analogs and these are near the item, it could be important when the decision is made as to whether it is being used as drug paraphernalia.
Residue of controlled substances or its analogs could be present on the items and be used to claim that the item violates this statute. Evidence – circumstantial or direct – regarding the owner’s intent with the item when delivering it to someone who intends to use it to violate drug laws can be used to charge the person with crimes related to drug paraphernalia. There might be instructions as to how it is used. Advertising could be found that depicts how the item is to be used. The sale of the item and how it is displayed could indicate that it violates the law.
The owner or whomever is in control of the item could be a legitimate supplier of it and this will be crucial to the decision if there is a legal violation that warrants arrest. Potential uses and whether it is legitimate for the community will be given weight in the decision of its legality. And expert testimony can be impactful in describing the item’s use. Being in possession of drug paraphernalia can lead to an arrest and the subsequent penalties that include jail and fines. For those who are accused of owning or controlling these items, having legal help that is experienced in defending clients who are facing drug charges is imperative.