I was charged with Possesion of Drug Paraphanelia but it was just a oil insense burner.?
there is no residew of any drugs on the oil burner and they told me that it is a pipe commonly used to smoke pot. but i bought the oil burner in a store so was it even legal for them to arrest me for this? and if so how can i make sure that they send it to the lab so my name can be cleared of these charges or will that do any good? can they still charge me even if there is no residew on the oil burner? any and all advice would be appreciated! oh and by the way i was arrested last saturday and spent saturday sunday and monday in jail for this before i was allowed to go to a bail hearing.
Answers:
What state are you in?
Hire a criminal defense attorney. They should be able to petition the evidence and have it sent to an independent lab for analysis.
For future reference, if you state has such hard-core laws against drug paraphanelia, I would move somewhere else.
It does not matter what you got it for, if it is something used for illegal drugs, and is also illegal to possess.
The crooks who got that stuff for the illegal purposes, can all use your defense, and it not carry any weight with the court.
Now if you get a drug test that shows there are no illegal substances in your body, you might have a chance.
Just because you can buy something does not make it legal.
If you have receipt where you bought it, then after you get out of jail for your current mess, you could do law suit against where you bought it, for all the trouble they helped you get into.
Get a lawyer. You might even have a case to be able to sue the police for unlawful arrest.
I agree with aviator. Get a lawyer and be aggressive about everything.
are you sure you are being truthful? those pieces are sold in stores because they are commonly used for tobacco and are not illegal unless there is drug residue in the pipe or marijuana was found with it.
Get an attorney. Most cops know the difference, and I would imagine there is a lot more to this. If you can't afford your own attorney, ASK THE JUDGE FOR ONE.
That is an affirmative defense -- the fact that you bought a device that has multiple uses, and that your only intended use was a legal use.
You can still be charged, because that's a question of fact to be determined at trial.
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