Defending Against Drug Paraphernalia Charges

When a person is arrested for drug possession, another common charge that they may face at the same time is possession of drug paraphernalia. In Florida, the definition of ‘drug paraphernalia’ is very wide, meaning that in some cases, a person may face legal issues for possessing things they had no idea might be criminal. The right attorney can help ensure that you get your day in court.

A Broad Definition

The state definition of drug paraphernalia is all “equipment, products, and materials” that are used or intended for use in introducing a controlled substance into the human body. This can include anything from hypodermic syringes to balloons to scales to a “2-liter soda bottle.” While obviously, a state’s attorney will evaluate the totality of the circumstances in determining whether something should count as drug paraphernalia, it has happened before that a state’s attorney has simply guessed wrong.

It is quite rare to be charged with possession of drug paraphernalia without also being charged with drug possession, but it does happen. Florida law prosecutes drug offenses very aggressively, and if enough evidence exists to show certain items are intended for use in buying or selling drugs, the offense will be prosecuted. That said, this is a charge that is often dropped or plea-bargained, particularly if someone is also facing a possession charge.

Potential Long-Term Consequences

Possession of drug paraphernalia is usually charged as a first-degree misdemeanor, carrying up to one year in jail, one year on probation, and a $1,000 fine – not nearly as serious as many other drug offenses, but a year in jail is still a year in jail. In addition to the immediate consequences, Florida does not allow drug-related offenses to be expunged, meaning that anyone convicted will have a permanent black mark on their record.

There are ways for your attorney to defend against this charge, though obviously the specifics will depend on the characteristics of your situation. One of the most common is to attack the constitutionality of the search which discovered the alleged paraphernalia, arguing that law enforcement failed to follow proper procedure. Another defense is simply to show that the items in question had a legitimate use for you. The right attorney can help protect your rights.

Contact A West Palm Beach Drug Crimes Attorney

If you have been charged with possession of drug paraphernalia, it is important that you enlist an attorney who can help ensure that you get to tell your story in court. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. will work hard to give you the fairest possible outcome for your case. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0893%2FSections%2F0893.145.html