Paraphernalia
It is not necessary that a person be caught with drugs in their possession to be charged with simple possession in West Virginia. That is because West Virginia’s laws make it illegal for any person to have or be in control of items that can be used for drug consumption, manufacture, or sale/distribution. Drug residue found inside of paraphernalia is also enough to warrant a criminal charge.
Drug paraphernalia relates to any item that can be used to either make a drug or take a drug - marijuana smokers use pipes, bongs, or papers; crack cocaine users often have small glass tubes for smoking; heroin users may have syringes to inject the drug into their veins. All of these items are considered to be drug paraphernalia.
It is imperative that you have a defense attorney to discuss your options with, as paraphernalia charges are often added in other types of drug cases to give the government a bargaining chip. Sometimes an offer will be made to drop the paraphernalia charges if the suspect will accept a plea deal to the main drug charge. Plea bargaining may or may not be in your best interest, depending on the unique circumstances of your case, but an experienced attorney can help you determine the right answers for you.
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