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Orlando Drug Paraphernalia Attorneys

drug paraphernalia 

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 crimes 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:

  • A maximum of $1,000 in fines
  • A maximum of one (1) year in jail
  • A maximum of one (1) year probation

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.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink