If an officer finds drug paraphernalia in your hotel is it a feony? 22 Answers as of May 28, 2013

My daughter and husband was in their Hotel and said they found Drug Paraphernalia. Why would they tear the Hotel up?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A possession of drug paraphernalia charge can be either a misdemeanor or a felony depending upon the specific facts.
Answer Applies to: Kansas
Replied: 9/20/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It very well could be, depending upon what was found and what amounts.
Answer Applies to: Washington
Replied: 9/20/2012
Myles Hahn III Attorney at Law | Myles Hahn III
Be more specific about what happened, and what you are asking, if you wish a specific answer.
Answer Applies to: Illinois
Replied: 9/20/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
They could be charged with misdemeanor or felony charges, up to the police and DA. If questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression, search and seizure, or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 9/20/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Possession of paraphernalia is a misdemeanor. The prosecutor may have a problem with this one if they cannot prove that you had knowledge of same. The police tore up the hotel because they were hopeful that they would find drugs with which to arrest you on felony charges.
Answer Applies to: Alabama
Replied: 9/20/2012
    Hamblin Law Office | Sally Hamblin
    Cannot say without further information.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are in a hotel room and the manager consents to a search or you consent to a search the police can seize the contraband and charge everyone in the room. Possession of drug paraphernalia is a misdemeanor, but the drugs could be either a felony or misdemeanor charge. If you are making noise or smoking pot and the police are called you should not talk to them or make any admissions or consent to a search. You should retain a good criminal lawyer to handle the case.
    Answer Applies to: New York
    Replied: 9/20/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    They would tear it up because they knew there was drugs there.
    Answer Applies to: New York
    Replied: 9/20/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    They tear up the hotel looking for additional drugs. Drug paraphanalia that has been used can be scraped for residue, and the person can be charged with the coke or meth inside the paraphernalia.
    Answer Applies to: Georgia
    Replied: 9/20/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    I am assuming that it was the police that tore up the room looking for the evidence. If this is so they should have reasonable cause to think that they would find evidence in the room. Possession of drug paraphernalia is not a felony unless it is the type used for sales.
    Answer Applies to: California
    Replied: 9/20/2012
    Steven Alpers | Steven Alpers
    It is not a felony, but the officer may have been searching for the drugs.
    Answer Applies to: California
    Replied: 9/20/2012
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