new york penal code 220 55 criminally using drug paraphernalia i

New York Penal Code 220.55 Criminally Using Drug Paraphernalia I

New York Penal Code 220.55 makes it a crime to use drug paraphernalia after having a previous conviction for using drug paraphernalia. This law prohibits the use of items like pipes, bongs, scales, spoons, capsules etc. for the purpose of making, packaging or taking illegal drugs. Let’s break down the key aspects of this law.

What is Drug Paraphernalia?

Drug paraphernalia refers to any equipment, product, or material intended for making, using, or concealing illegal drugs. This includes things like:

• Pipes
• Bongs
• Bowls
• Roach clips
• Rolling papers
• Grinders
• Scales
• Spoons
• Capsules
• Balloons
• Envelopes used to package drugs
• Kits for making, growing, or testing illegal drugs

It doesn’t matter if the item also has some legal purpose – if it is intended for drug use in any way, it is considered paraphernalia under the law.

Previous Conviction Requirement

To be charged with this offense, the person must have a previous conviction for 2nd degree criminal use of drug paraphernalia under Penal Code 220.50. This means they were previously found guilty of possessing paraphernalia with intent to manufacture, package or use illegal drugs.

Having this prior conviction elevates a paraphernalia possession charge from a Class A misdemeanor to a Class D felony under 220.55. Without the prior, it would be a lower misdemeanor offense.

Intent to Use

An important element of this crime is intent. The person must knowingly possess the item with the intent to use it for illegal drug activities like manufacturing, packaging, ingesting, or concealing drugs. Simply possessing the paraphernalia is not enough – the prosecution must prove intent to use it for drug-related purposes.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Defenses

There are several legal defenses that can potentially beat a 220.55 charge:

• Lack of Intent – The paraphernalia was not meant for illegal drug use, e.g. it was a tobacco pipe or just decorative item.
• Wrongful Police Conduct – Evidence was obtained through an illegal search or seizure.
• Misidentification – The paraphernalia did not actually belong to the defendant.
• No Prior Conviction – The defendant does not have a prior conviction under 220.50.

An experienced criminal defense attorney can evaluate the facts of the case and determine if any of these defenses apply.

Penalties

A conviction under PC 220.55 can result in:

• Up to 1 to 2 years in prison
• Up to $5,000 in fines
• A permanent criminal record

In addition to the criminal penalties, a conviction can negatively impact a person’s immigration status, custody rights, employment opportunities, and educational prospects.

Getting Legal Help

Fighting paraphernalia possession charges in New York requires an experienced criminal defense lawyer. A knowledgeable attorney can carefully examine the evidence and build the strongest possible defenses. In many cases, they can get charges reduced or even dismissed.

Don’t take chances with your future – if you’ve been accused of criminally using drug paraphernalia in New York, speak to a lawyer right away. A strong legal defense can help ensure the best possible outcome in your case.