If it is clear that it is "paraphenalia" for drug use/production....Yes.
Joseph A. Lo Piccolo, Esq.
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Hession Bekoff & Lo Piccolo
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Yes a person can be charged with a criminal offense if the items seized were drug paraphernalia in the eyes of the arresting/citing officer. You are of course entitled to a defense of these charges. Get an attorney to assist you.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
I'm not sure the paraphernalia statute applies to marijuana. It is in Article 220 and deals with controlled substances,not marijuana , which is Artic e 221.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Drug paraphernailia refers to controlled substances. If the equipment found includes scales and balances, even if there were no controlled substances or pot, scales and balances are used in both types of substances. So the police could bring a charge of 220.50 (3) on the bare claim that it was for controlled substances. However, a conviction might be a different matter, and the charge would be subject to challenge before then.