All About The Charges
There are numerous elements that the prosecution needs to look at in order to charge someone with using drug paraphernalia in the second degree. The first is that the defendant has to knowingly understand that the actions are wrong. The defendant knowingly possesses and uses in a criminal manner drugs that are narcotics or cause the same impacts that narcotics would for the body. Stimulants are also included in the list of drugs that are considered to be paraphernalia. Second-degree use often consists of mixing and compounding drugs that are to be used by the defendant or someone else who intends to buy the drug or use it in the near future.
Capsules, gel caps, vials and other items that can be used for packaging narcotics or stimulants that are in the possession of the defendant will warrant a second-degree charge. The defendant could also have in possession scales or other tools that are used to measure or weigh the amount of the drug that will be used or sold. Second-degree drug use is considered a misdemeanor. While this is still a criminal charge, the defendant will likely see less time in jail or a lower fine than someone who has a first-degree charge.
It is important to understand that any drug use or possession is illegal no matter what the drug is and what the intended use for the drug would be when the defendant maintains possession. Most charges are given a second degree because of the type of drug involved or the amount of the drug that was in the possession of the defendant at the time of arrest.
When officers started searching a home because of a warrant that was issued, they believed that there would be drugs inside, which was the basis of the warrant being issued. The officers completed the search and found gel caps as well as other items that could be used for packaging narcotics or stimulants. The owner of the home was arrested and charged with second-degree drug paraphernalia usage.
Another example would be if someone is pulled over and has a set of scales in the car. The officer would question the defendant to find that there is a small amount of a narcotic in the car as well. This would warrant a further search of the vehicle and result in second-degree charges being filed as the defendant knowingly had the drugs and the items inside the vehicle.
One of the defenses that a NYC criminal attorney can use is that the defendant didn’t intend to use materials found for the use of drugs. While some items are clearly known for being used with drugs, the prosecution has to prove that it’s the reason as to why the defendant has them in the first place. Unless the drug is actually there as well, then this is difficult to show, and the charges would likely be dismissed. An attorney will often be able to show that the items that are used for drugs do have legitimate uses as well. This is usually how an attorney can get charges dropped, especially if there is no evidence of drugs being used with the paraphernalia. Some of the items that are used with drugs are also used to store food and other items in the home.