Could You Face Drug Charges if There are No Drugs in Sight?

 Posted on August 28, 2023 in Criminal Law

In Illinois, it is prohibited to have illicit drugs such as cocaine or heroin. But what many people do not know is that even if controlled substances are absent, you could still face drug paraphernalia charges. That is because drug paraphernalia could be used for drug-related activities and it could land you in big legal trouble. You need an Illinois attorney who has helped many people in similar situations.

What is Drug Paraphernalia?

According to the Drug Paraphernalia Control Act, objects that are intended for the consumption, storage, or packaging of illegal drugs are considered drug paraphernalia. Here are a few examples: 

• Syringes

• Bongs or water pipes

• Scales used for measuring drug quantities

• Sifters used to prepare drugs

• Small plastic bags

As you can see, many of these items are used in everyday situations. These cases are not crystal clear, but an experienced attorney may be able to help you out of this legal predicament.

Why is Reasonable Doubt Important?

According to state law, having drug paraphernalia becomes a problem if you know or should reasonably know it is meant for using or making illegal drugs. In these cases, the prosecution really has to make sure you were planning to use those items for drug-related purposes. Sometimes, during an arrest, an officer may find both drug paraphernalia and drugs nearby. Those cases can get a bit blurry. The prosecution will present this as proof that someone meant to use drugs or knew about the drug-related stuff. 

Only a seasoned attorney will really understand what to search for and try to assist you in building a strong defense. Depending on the specifics of each situation, there might be a chance to lessen the charges or even get the case thrown out.

Could You Go to Prison for Drug Paraphernalia Charges?

Having drug paraphernalia in the state of Illinois is seen as a misdemeanor, which could mean up to a year in jail and a potential fine of $2,500. If the paraphernalia is used to inject an underage person, it is bumped up to a Class 4 felony, carrying the possibility of one to three years in prison and a larger fine of up to $25,000. In the tragic event of someone dying from being injected with a controlled substance, it becomes a Class 3 felony with the potential of two to five years in prison and a fine of up to $25,000.

Contact a DuPage County Drug Crimes Lawyer

If you have been charged with possession of drug paraphernalia you need an experienced Wheaton, IL drug crime attorney to help you fight back. Contact Davi Law Group, LLC for a free consultation to explore your options and understand how we can try to help you negotiate a favorable outcome. Call 630-580-6373 today.