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Is Possession or Delivery of Drug Paraphernalia a Criminal Offense in Texas When No Drugs are Present?

No drugs need to be present for a person to face arrest for possession or delivery of drug paraphernalia. Although these crimes are generally charged as misdemeanors, convictions can result in severe penalties, and remain on police records forever. Anyone arrested on drug paraphernalia criminal charges should seek immediate support from an experienced San Antonio drug defense lawyer.

Except in certain cases, possession or delivery of drug paraphernalia is a misdemeanor offense. Under the Texas penal code, individuals who possess drug paraphernalia with the intent of using it to grow, harvest or ingest controlled substances can be convicted of a Class C misdemeanor, typically punishable by a fine up to $500. Delivery of paraphernalia, with the knowledge of intended illicit use, becomes a more serious Class A misdemeanor, potentially punishable by:

  • Up to $4,000 in fines
  • A jail term of up to one year
  • Both

Delivery of paraphernalia to minors generally represents a felony crime.

When police take individuals into custody during an arrest, the alleged offenders must protect their Miranda rights by explicitly stating that they want all questioning to stop, they want to remain silent and they want to call a lawyer. Then they need to accurately recount the details of the arrest to a San Antonio drug defense attorney. This information can help a lawyer identify police misconduct, such as an illegal search — which can result in dismissal of the case. However, even when cases go to trial, an experienced defense attorney can plea bargain or use other methods to help ensure the best possible results for a case.

Misdemeanor drug convictions can still result in serious penalties, which is why the attorneys at the Law Offices of Alan Brown provide the same level of defense as they do for clients facing felony charges. As former prosecutors, they have a clear understanding of how to approach criminal cases from a defense perspective. The firm offers free consultations, answers calls 24 hours a day and has bilingual attorneys available for Spanish-speaking residents.

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