In this article, you can discover…
- How Georgia law defined “drug paraphernalia”.
- The penalties for a drug paraphernalia conviction in Georgia.
- How an attorney can help you understand and fight the charges you face.
What Qualifies As Drug Paraphernalia Under Georgia Law?
Under Georgia law, drug paraphernalia is anything, even a common household item, that is used to prepare or administer illegal drugs. Such items might include a syringe, a spoon, cigarette papers, roach clips, or a bong.
Can You Be Arrested For Paraphernalia Even If No Drugs Are Found?
If you are arrested and are found to have drug paraphernalia with absolutely no traces of drugs on them, you typically can not be arrested for that alone. For example, simply having a brand-new, clean syringe in your purse or backpack would not typically trigger an arrest.
However, most arrests involving drug paraphernalia take place within the context of an arrest wherein drugs or drug residue is present. In this context, you can definitely be arrested, even if there are mere traces or drops of residue found with or on your equipment.
What Are The Penalties For A Drug Paraphernalia Conviction In Georgia?
Possession of drug paraphernalia in Georgia is a misdemeanor that carries a maximum punishment of 12 months in jail and a $1,000 fine. Typically, this is coupled with other drug-related charges; it is rare for someone to be charged with possession of drug paraphernalia alone.
What Should I Do After Being Arrested For Drug Paraphernalia In Fulton County, Georgia?
Do not answer any law enforcement questions about your drug paraphernalia, and call a drug crimes lawyer. This includes any questions asked before your arrest as well as after your arrest. You not only have the right to remain silent, you should remain silent for your own protection.
Attorney Lubin An is a knowledgeable, skilled criminal defense attorney serving Georgia. For over 15 years, he’s helped clients just like you protect their rights and navigate the law with nuance when arrested with drug paraphernalia.
Have questions, or in need of representation? Reach out to Lubin An Law LLC for an initial consultation today.
Why Should I Hire A Criminal Defense Lawyer If I’m Charged With Possession Of Drug Paraphernalia?
An attorney will know the law and may be able to argue that the object you were found with is legal to possess. For example, simply owning a bong or being found with one is not illegal, so long as no drug residue is found on the item and so long as you are not found to be in possession of drugs, as well as the bong.
There are nuances to the law that only an attorney will understand. The penalties for possessing drug paraphernalia in Georgia are harsh: up to 12 months in prison and a $1,000 fine. For your best chances of avoiding those penalties, having an experienced attorney on your side is crucial.
What Are The Most Common Misconceptions People Have About Drug Paraphernalia Charges?
Many people believe that it is illegal to own items associated with drug use (such as bongs). This is untrue, so long as the item is not used to administer illegal drugs. On the other hand, some people are under the impression that owning drug paraphernalia is not problematic. In reality, when the police find an item commonly used to prepare or administer drugs, they are likely to keep digging and look into your background, search for illegal drugs, and see if there are any other charges that would apply to your case.
Still Have Questions? Ready To Get Started?
For more information on Georgia drug paraphernalia laws, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 531-1758 today.
Attorney Lubin An is a knowledgeable, skilled criminal defense attorney serving Georgia. For over 15 years, he’s helped clients just like you protect their rights and navigate the law with nuance when arrested with drug paraphernalia.
Have questions, or in need of representation? Reach out to Lubin An Law LLC for an initial consultation today.
