• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Paraphrenalia charge- Wrong Law section sited on summons

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

ConfusedInVA

Guest
Hopefully someone can answer this questions because frankly, Im scared to death.
I know that I will have to secure counsel for this, but I want to know what Im getting into as well. Evidently a neighbor or someone had called the police due to a disturbance. My husband and I had an arguement and being our usually loud and passionate selves, someone thought the police were needed. When the police arrived I answered the door not even thinking of the fact that I had a unique peice of paraphrenalia on display that had be used previously. When the officer entered the house, which I did not invite him to do.. however, we wont split hairs... he saw the device and prceeded to ask me many questions about my vile drug use. Please keep in mind that I have never had so much as a traffic ticket in the five years that I have lived in this state and this is the first time the police have been dispatched for any reason to my home. In anycase, another officer arrived and issued a summons.

My main question is this: (BTW) I am located in Virginia)On the summons, the officer sighted a Legal code-- or actually filled in the space where Law Section was noted-- with a nonexistant law code. Ive looked up the codes and it seems that she confused them a bit. What she wrote was 18.2-3466 there is no such code.

There is a code 54.1-3466 (which Ive included.. but here is a brief synopsis to save some time) that speaks of CONTROLLED paraphernalia. This was a hooka and is not controlled..
<b>§ 54.1-3466. Possession or distribution of controlled paraphernalia; meaning of controlled paraphernalia; evidence; exceptions.

Except as authorized in this chapter, it shall be a misdemeanor for any person to possess or distribute controlled paraphernalia which shall mean a hypodermic syringe, needle or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substances by hypodermic injections under circumstances which reasonably indicate an intention to use such controlled paraphernalia for purposes of illegally administering any controlled drug, or gelatin capsules, glassine envelopes or any other container suitable for the packaging of individual quantities of controlled drugs in sufficient quantity to and under circumstances which reasonably indicate an intention to use any such item for the illegal manufacture, distribution, or dispensing of any such controlled drug. Evidence of such circumstances shall include, but not be limited to, close proximity of any such controlled paraphernalia to any adulterants or equipment commonly used in the illegal manufacture and distribution of controlled drugs including, but not limited to, scales, sieves, strainers, measuring spoons, staples and staplers, or procaine hydrochloride, mannitol, lactose, quinine, or any controlled drug or any machine, equipment, instrument, implement, device or combination thereof which is adapted for the production of controlled drugs under circumstances which reasonably indicate an intention to use such item or combination thereof to produce, sell, or dispense any controlled drug in violation of the provisions of this chapter.

The provisions of this section shall not apply to persons who have acquired possession and control of controlled paraphernalia in accordance with the provisions of this article or to any person who owns or is engaged in breeding or raising livestock, poultry or other animals to which hypodermic injections are customarily given in the interest of health, safety, or good husbandry; or to hospitals, physicians, pharmacists, dentists, podiatrists, veterinarians, funeral directors and embalmers, persons to whom a permit has been issued, manufacturers, wholesalers or their authorized agents or employees when in the usual course of their business, if the controlled paraphernalia lawfully obtained continues to be used for the legitimate purposes for which they were obtained.
</b>


Also, there is no code on actual possession of paraphernalia. The closest thing I can find is-- section 18.2-265.3, however this deals with the Sale of paraphernalia. There is nothing on possession without the intent to sell.
<b>
§ 18.2-265.3. Penalties for sale, etc., of drug paraphernalia.

A. Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance, shall be guilty of a Class 1 misdemeanor.

B. Any person eighteen years of age or older who violates subsection A hereof by selling drug paraphernalia to a minor who is at least three years junior to the accused in age shall be guilty of a Class 6 felony.

C. Any person eighteen years of age or older who distributes drug paraphernalia to a minor shall be guilty of a Class 1 misdemeanor.
</b>


In anycase, my main question is-- if the Law section sighted on my summons is not correct, is this something that could possibly be dismissed. Im not calling a technicality here-- I wouldnt even think of this if it was just a date-- however, this is the actual crime that I am being charged with, and it is incorrect. This would be my first offense of any kind other then a speeding ticket in another state. I also realize that none of you are to be considered definative legal counsel-- but I have 2 days until monday and Im going nuts. Ive went over and over the law to no avail. Id like to know if I have any hope in this before spending money that we really dont have.

Also, if anyone can tell me where to find information of this nature in my legal codes.. when forms are filled out incorrectly. Ive searched for discrepancies, wrong information, incorrect information, summons.. and a host of other terms to no avail.

Thanks in advance for any help you can give.
 


T

Tracey

Guest
Forget it. Citing the wrong code section will be fixed at your prelim/arraignment. You have actual notice of what you're charged with, so you haven't been prejudiced in your defense.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top