Our Attorneys Defend You in Boise Drug Crimes Cases
We provide skilled defense against drug paraphernalia charges in Idaho
The use or possession of drug paraphernalia is charged as a misdemeanor in Idaho, whereas the sale of drug paraphernalia may be charged as a felony. Often, the prosecution has only circumstantial evidence regarding why a regular item in your possession is considered a drug paraphernalia crime. In many cases, law enforcement alleges drug paraphernalia crimes when evidence of drug possession or sales is lacking.
Established in 2001, Gulstrom & Govia defends your rights in cases involving drug paraphernalia, drug trafficking and drug possession in Nampa, Boise and federal courts. Our skilled trial lawyers protect your rights as we tear apart the prosecution’s case.
What is considered drug paraphernalia?
Paraphernalia is a general term that describes equipment, materials or products used to make, grow, alter, transport, hide or use drugs — including marijuana, cocaine, crack, heroine, methamphetamines, other illegal substances and illegally possessed prescription medications. The list of items that can be considered drug paraphernalia is extensive and includes everyday objects that law enforcement claims have been used for drug-related purposes. Some of the most common drug paraphernalia charges arise out of possession or sale of:
Identifying drug paraphernalia sold in stores, on the Internet and on the streets
Because many items identified as paraphernalia may also have legitimate uses, prosecutors must prove beyond a reasonable doubt that the item was intended for drug use. Factors contributing to the assertion that an item is drug paraphernalia include:
- Written or verbal instructions about how the object or material is used in a drug-related crime
- Descriptive information explaining the drug-related purpose of the object or material
- Advertisements regarding the item’s drug-related uses
- Nature of seller’s commercial enterprise that does not correlate with the items alleged as paraphernalia. For example, a tobacco supplier can easily explain the sale of pipes, whereas a T-shirt dealer may have to overcome evidence regarding the high percentage of bong and paper sales.
Drug paraphernalia sales in violation of federal laws
The Internet has developed into a new type of storefront for many products and offers a wider nationwide and global clientele. However, using the Internet or U.S. mail or importing or exporting across state or national boundaries in the commission of a drug paraphernalia crime violates federal law and carries harsh penalties under the Title 21 United States Code Controlled Substances Act.
Learn more about drug paraphernalia crimes in Idaho and federal courts
To protect your rights when you face a drug paraphernalia charge, Gulstrom & Govia demands the prosecution prove its case beyond a reasonable doubt.
To schedule your free consultation, contact us online or call 208-546-9933.