Too Many Things Are ‘Drug Paraphernalia’

Florida has a reputation for being tough on drug users, and one way this happens is that Florida’s legislature has delineated many, many different types of criminal charges for activities that involve drugs. One that is often seen is possession of drug paraphernalia, which is the ‘ownership or control’ of items that are intended to be used in any part of the process of creating and disseminating drugs. This is a logical thing for law enforcement to be aware of – but at the same time, this can be an extremely broad charge. The right attorney can help you set the record straight.

LEO Assumptions Can Cause Issues

The official statute banning the possession of drug paraphernalia does specifically state that in order to be guilty of the offense of possessing drug paraphernalia, you must have the intent to use it in a crime. However, what often happens on the street is that a person is stopped and searched by law enforcement, drugs are found, and a charge for possessing drug paraphernalia is simply tacked on because a law enforcement officer (LEO) may assume that if a person has drugs, they must have the tools to sell or use them.

Because so many items used in processing or transporting drugs are relatively innocuous, it is quite possible for an LEO to jump to conclusions in good faith (or not). Some common items that have been classified as drug paraphernalia include:

• Cardboard boxes;
• Scales;
• Freezer bags;
• Syringes;
• Balloons; and
• Many other common household items.

Even if someone lacks the intent to use these items in making, selling, or otherwise disseminating drugs, some LEOs do not see it as their job to probe intent at the moment of arrest.

Can Sometimes Be Dropped

If you are convicted of the charge of possessing drug paraphernalia, it usually results in a misdemeanor sentence – in other words, a requirement to pay fines and costs, plus serving up to one year in jail. Keep in mind that if your case does not result in a guilty verdict or plea, you may be able to later expunge the ruling from your criminal record, but this is not always possible. That said, it is far more likely that this charge will be dropped if you and your attorney choose to plea-bargain.

A plea-bargain is a contract of sorts in which a prosecutor will usually either seek lesser charges or drop them entirely in exchange for the defendant performing some service for the prosecutor – for example, pleading guilty, which cuts down on time spent in court. Because possession of drug paraphernalia is a misdemeanor that does not often get charged on its own, it is often among the first charges to be dropped when negotiations begin.

Contact A West Palm Beach Drug Crimes Attorney

Being charged with a drug offense – any drug offense – can be intimidating in Florida, particularly if you are not very familiar with the law. A West Palm Beach drug crime attorney from the firm of Perlet & Shiner, P.A. are here to help – we will work hard on your case and never make you feel like one of many. Contact our office today at (561) 721-0552 to speak to an attorney.