In a recent interview, top criminal attorney Edward R. La Rue, founder of the Law Offices of Edward R. La Rue in Cleveland, OH, revealed how it's possible to get drug paraphernalia charges dropped or reduced. —
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When asked to comment, La Rue said, “Drug paraphernalia charges are classified as misdemeanors and are a matter of public record, which could negatively affect any employment opportunities. Here are some ways to get drug paraphernalia charges wiped clean or reduced."
Anyone could face drug paraphernalia charges for possessing everyday material such as pipes, plastic bags, syringes, scales, mirrors, and tinfoil, among others.
One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist.
When asked to elaborate, La Rue commented, “If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.”
La Rue added that these searches include a stop-and-search in the street and traffic stops.
Another way to maintain a record free of drug paraphernalia charges or to get them reduced, is through proving entrapment.
“If you’ve been subject to a sting operation in which an undercover police officer tried selling you drugs, then you and your defense attorney could argue an entrapment defense, particularly if the paraphernalia was a household item,” La Rue said.
"Entrapment cases can be quite complex and require that a seasoned defense attorney argue that law enforcement used unfair coercion tactics and that the defendant would have otherwise not engaged in purchasing the drugs in the first place," he added.
Hiring a knowledgeable defense attorney can help poke holes in the Prosecution's case, which go a long way in getting the charges dropped.
When asked for an example, La Rue said, "It's possible that a drug paraphernalia charge could be brought against you without enough evidence if the police were not able to produce the drugs in court."
“Having a defense attorney who is well acquainted with the criminal system could help bring these issues to light and break down the other side’s case, thereby giving you a better chance of avoiding a drug paraphernalia charge on your record,” he said.
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