San Antonio Drug Paraphernalia Lawyer

Protecting Your Future & Freedom

Drug paraphernalia charges are serious offenses in Texas. At The Law Offices of Dr. E.R. Baez, PC, we understand what is at stake. Our San Antonio drug paraphernalia defense lawyers provide aggressive, personalized legal representation for clients facing all types of drug paraphernalia charges. We are well-versed in the applicable laws, available defenses, and effective legal strategies for both state and federal drug paraphernalia cases. Our legal team is prepared to fight for you.

If you have been arrested for drug paraphernalia, call (210) 361-1112 or online today to request an initial consultation with one of our experienced drug paraphernalia defense lawyers in San Antonio.

What Is Drug Paraphernalia?

Drug paraphernalia is any item that can be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance. The term “drug paraphernalia” is also used to describe any item that can be used to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body. Drug paraphernalia can include any type of item or device, so long as it is used with an illegal drug.

Common types of drug paraphernalia include:

• Pipes (glass, metal, wood, ceramic)
• Water pipes (bongs)
• Hookahs
• Vaporizers and vape pens
• Rolling papers and blunt wraps
• Syringes (needles)
• Spoons (used for heating substances)
• Tourniquets (used to find veins)
• Cotton balls or filters
• Straws or rolled paper bills
• Razor blades
• Mirrors
• Snuff bullets or nasal spray bottles
• Small plastic baggies
• Pill bottles
• Hollowed-out containers (e.g., fake soda cans, stash compartments)
• Foil (used for smoking or storing substances)
• Grinders (used to break down substances)
• Scales (used to measure doses)
• Roach clips (used to hold small marijuana cigarettes)
• Lighters and torches (often for heating substances)
• Eyedroppers (for liquid drugs)

What Are the Consequences of a Drug Paraphernalia Conviction?

In Texas, possession of drug paraphernalia is generally a misdemeanor offense, but penalties vary depending on the circumstances. Here’s a breakdown:

• Possession of Drug Paraphernalia (Class C Misdemeanor): If you are found with drug paraphernalia (e.g., pipes, bongs, syringes, scales, baggies) but no intent to distribute, a conviction is punishable by a fine of up to $500 with no jail time
• Delivery or Possession with Intent to Deliver (Class A Misdemeanor): If you give, sell, or intend to distribute drug paraphernalia to someone else, a conviction carries up to 1 year in jail and a fine of up to $4,000.
• Delivery to a Minor (State Jail Felony): If an adult (18+) gives drug paraphernalia to a minor (under 18), a conviction is punishable by 180 days to 2 years in a state jail and a fine of up to $10,000.

Additional consequences include:

• Criminal record affecting employment, housing, and professional licenses
• Possible driver’s license suspension
• Enhanced charges if paraphernalia is found alongside drugs

Defenses to Drug Paraphernalia Charges

There are a number of defenses that can be used to fight drug paraphernalia charges in Texas. The specific defenses that may be available to you will depend on the unique circumstances involved in your case. In general, however, a skilled drug paraphernalia defense lawyer in San Antonio can help you explore options such as:

• Illegal Search and Seizure (Fourth Amendment Violation): If law enforcement searched you, your home, or your vehicle without a warrant, probable cause, or consent, the evidence found may be inadmissible in court. Any evidence obtained through an illegal search or seizure can be challenged and potentially dismissed.
• Lack of Knowledge: To be convicted, you must have knowingly possessed drug paraphernalia. If you were unaware that the item was paraphernalia or that it was in your possession, you can argue that you had no knowledge of its presence.
• Mistaken Identity: If law enforcement wrongly identified you as the person in possession, you may have a valid defense. This often happens in cases where multiple people are present, and the paraphernalia does not clearly belong to one individual.
• Constructive Possession: Being near drug paraphernalia does not automatically mean it belongs to you. The prosecution must prove that you had control and intent to possess the item, which can be difficult in shared spaces or vehicles.
• Failure to Read Miranda Rights: If you were in custody and interrogated without being read your Miranda rights, any self-incriminating statements you made may not be used against you. This violation can lead to key evidence being suppressed.
• Violation of Your Fourth Amendment Rights: Police must follow legal procedures when conducting searches, seizures, and arrests. If they violate your constitutional rights, such as searching a locked area without a warrant, the case against you may be weakened.
• Unlawful Police Conduct: If officers planted evidence, coerced a confession, or engaged in entrapment, this could be grounds for dismissal. Any misconduct by law enforcement that compromises fairness can be used as a defense.
• Non-Compliance with Proper Arrest and Booking Procedures: If the police fail to follow correct procedures, such as improper documentation or mishandling evidence, it may weaken the prosecution’s case. Any errors in the arrest or booking process can be challenged in court.

Our legal team at The Law Offices of Dr. E.R. Baez, PC can thoroughly investigate the circumstances of your arrest to determine the best course of legal action. We are committed to protecting your rights and fighting for the best possible outcome in your case.

How Our Drug Paraphernalia Defense Team Can Help You

At The Law Offices of Dr. E.R. Baez, PC, we understand how the prosecution builds drug paraphernalia cases. We know the most effective strategies for attacking the prosecution’s case and protecting your rights. Our San Antonio drug paraphernalia defense lawyers can help you navigate the criminal justice system and fight for a favorable resolution to your case.

When you choose our firm, you can expect:

• Compassionate, attentive legal guidance
• Personalized legal strategies tailored to your unique situation and goals
• Aggressive representation both in and out of the courtroom
• Regular updates on the status of your case

We are committed to providing you with the caring, effective legal representation you deserve. Our drug paraphernalia defense team in San Antonio is prepared to fight tirelessly for you and your rights.

Call (210) 361-1112 to speak to one of our drug paraphernalia defense lawyers in San Antonio.