Possession of Drug Paraphrenalia

What is Possession of Drug Paraphernalia?

Possession of Paraphrenalia for Drugs (PDP) is a criminal offense charged when a person possesses some type of item used for smoking marijuana or another drug. Common items include marijuana bowls, bongs, one hitters, water or gravity bongs, and even (although rare) hollowed out everyday items, such as soda cans or fruit. Some courts even consider rolling papers paraphernalia.

Although fines are the legally proscribed penalty for PDP, it's still important to resist merely paying the fine and closing the case. If the fine is paid on a Paraphernalia ticket, then the person will have a drug related conviction on their record.

What You Need To Know

Even at the Class C level, there are several consequences of having a drug related conviction. First, the offense would show up on any background checks that run County searches, and could present issues when applying for job or housing. Employers or landlords will question the offense, since (in in their mind) why would a person have a pipe used for drugs if they don't use drugs? And most employers don't want to hire people that use drugs (even marijuana).

Second, because it's a drug related conviction, a PDP case could have an effect on Student Loans and the FAFSA application. Lastly, in some cases DPS has been suspending a person's Texas Driver's License because the PDP is drug related, causing a six month driver's license suspension.

Closely Related Offenses

Related areas to Possession of Drug Paraphrenalia include Possession of Controlled Substance (POCS) cases, and even Drug DWI - Driving While Influenced.

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.

Jail Release and Bond for Possession of Drug Paraphrenalia

Since Possession of Drug Paraphrenalia is a Class C Misdemeanor, there is typically no jail, at least in Travis County. Instead, a ticket is issued.

Defenses for Possession of Drug Paraphrenalia

Defenses for PDP are fairly straightforward, and often center on whether the person knew the item was present -- for instance when a pipe is found in the backseat of a car after driving friends around. Other defenses include whether there is the intent to use the item in relationship to a drug.

If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.

Work with an Experienced Possession of Drug Paraphrenalia Attorney

Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Possession of Drug Paraphrenalia cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.

Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.

How We Can Help

Your goal should be Dismissal for any Possession of Drug Paraphrenalia charge. A Dismissal will allow a person to later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.

Keates Law Firm has a track record of dismissals for Possession of Drug Paraphrenalia. Most Possession of Drug Paraphrenalia cases result in negotiated dismissals, where there's usually a trade-off of community service and a class in exchange for a dismissal -- but not always. The main hurdle is convincing the prosecutor to agree to dismiss the case, and Keates Law Firm has experience in Austin's Travis County courts doing just that.

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(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia (with) ... a controlled substance in violation of this chapter.

What are the Punishments for Possession of Drug Paraphernalia?

Possession of Drug Paraphrenalia is a Class C Misdemeanor, which is punishable by fines up to $500, although if a person ignores the ticket, fails to appear in court, or does not comply with Court Orders, then it's very possible to suffer jailtime as a result of a PDP ticket.

Penalties for Drug Paraphernalia
Level of Offense Punishment
Class C Misdemeanor Not Jailable, No more than $500 fines

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