Florida Statute §893.145 defines drug paraphernalia as any material, product, or equipment used, intended or designed to be used for cultivating, growing, planting, packaging, containing, producing, harvesting, selling, preparing, ingesting, injecting, or inhaling or other methods used for the purpose of introducing an illegal control substance into the human body. Possession of drug paraphernalia is a very serious drug offense in the state of Florida. If convicted, you may face serious criminal penalties including jail time. At Adams & Luka, our Orlando drug crime defense lawyers are dedicated to providing you with the outstanding legal guidance and support essential to reaching a good outcome.
More specific examples of drug paraphernalia include capsules, scales, pipes, rolling papers, spice grinders, razor blades, plastic baggies, etc. While there are very innocent reasons for possessing most of these items, an arrest for possession of drug paraphernalia can lead to serious consequences. Using these items in conjunction with controlled substances such as methamphetamine, marijuana, cocaine, heroin, or even prescription medications may result in your arrest. If you are under investigation or have already been charged, it is vital to work with a capable defense attorney to protect your legal rights and freedom.Defenses to Charges of Possession of Drug Paraphernalia in Orlando
In order for an individual to be found guilty of any crime, the prosecutors must prove certain elements. In a possession of drug paraphernalia case, the state must prove these elements according to whether the defendant is accused of constructive or actual possession. In either case, possession is an essential element necessary to prove the crime.
There are various defense strategies that may be used in your case, depending on the specifics of your situation. The most common defenses to possession of drug paraphernalia include:
Illegal search and seizure - Law enforcement officials generally go beyond their authority when it comes to searching a person's home, vehicle, or body. In many cases, police coerce a suspect into agreeing to a search. In addition, you cannot be arrested without probable cause.
Overdose - an overdose and resulting need for medical assistance does not give law enforcement the right to obtain drug paraphernalia. Therefore, you may be immune from prosecution.
Constructive possession - in locations where more than one individual have access, prosecutors must prove constructive possession. This involves proving that the defendant knew of the presence of drug paraphernalia, and that he/she had control an dominion over the paraphernalia.
We will thoroughly review your case to determine the most effective defense strategy in order to reach positive results.Criminal Penalties for Possession of Drug Paraphernalia in Orlando & Central Florida
In the state of Florida, possession of drug paraphernalia is a first-degree misdemeanor offense. If found guilty, the penalties you may face include:
It is important to note that a judge may impose one or any combination of these penalties.Contact Adams & Luka Now
As seasoned Orlando possession of drug paraphernalia attorneys, we know that no one wants to spend time in jail or be faced with a criminal record. It is not unusual for someone to be in possession of drug paraphernalia and not even be aware of it. Regardless of your situation, you must fight the charges in order to protect your freedom, reputation, and career. Contact us now for a free consultation and outstanding legal guidance.