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Attorney at Law

Phone: (765) 423-2557

Fax: (765) 423-4544

300 Main Street, Suite #500
Lafayette, IN 47901

Is possession of a syringe a crime?

Possession of a syringe is not a crime unless the prosecutor can prove beyond a reasonable doubt that the syringe was possessed with the specific intent to commit a controlled substance offense.

In Berkhardt v. State, the defendant during an investigatory stop gave the police an identification card that did not match his appearance so he was arrested for failure to identify. Police found syringes and marijuana incident to the arrest.

The Court of Appeal determined that the intent element cannot be inferred from the unexplained possession of a syringe. Possession of marijuana cannot satisfy the intent element because a syringe cannot be used to introduce marijuana into the body. The use of a false name and identification card also does not constitute circumstantial evidence of intent. The defendant’s felony conviction for possession of a syringe was reversed.

With over 34 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to help you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.

Filed to Ask a Lawyer, Legal News, Marijuana & Other Drugs

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