A Lake County Possession of paraphernalia (Fla. Stat. 893.147) is a serious offense in Florida punishable by up to one year in the county jail, one year on probation, and a fine of up to $1,000.00 plus court costs. Most of the time, it is a charge that accompanies possession of marijuana or possession of cocaine or other controlled substance offense. The more charges you are arrested for, the greater your exposure is to serious consequences. You should contact Lake County possession of paraphernalia attorney Kelly Johnson to discuss your legal options. Attorney Kevin Pitts has prosecuted and defended hundreds of paraphernalia cases and opened up an office in 2010 after leaving the State Attorney's office.
What Is Paraphernalia?
For a Tavares possession of drug paraphernalia charge the state must prove use and they have to test it and it has to test positive. Typically charged are: ‘blunt wraps,’ chore boy, razor blades, straws, rolled up dollar bills, scales, needles, pill bottles, plastic bags, paper bags or about anything else. If you can use it to store drugs, or consume drugs, and the police think you’ve used drugs with it, they can arrest you for drug paraphernalia in Lake County.
What Are My Defenses?
The defenses for a Leesburg possession of drug paraphernalia charge include your typical illegal warrant, illegal stop, search, and seizure, and constructive possession litigation, there are lots more defenses, including, if they tested it, and where/when it was found. To sustain charge of possession of drug paraphernalia, the State was required to prove not merely that individual possessed drug paraphernalia, but that he possessed drug paraphernalia and either used it, or intended to use it, to inhale a controlled substance. C.M. v. State, 83 So. 3d 947 (Fla. Dist. Ct. App. 2012). The state must also prove knowledge and dominion and control.
What are my options?
Some of the ways to minimize a Clermont drug paraphernalia charge are: pretrial diversion if you qualify or can get the state to allow you in. If diversion is not an option and the State can prove the case than the goal is to avoid probation and an adjudication of guilt. A Lake County paraphernalia attorney can also file a motion to suppress in some cases. A motion to suppress can result in the case being dismissed.
It is important to consult with experienced Lake County paraphernalia attorney. Call Kevin Pitts at 352-508-7575 today to set up a free consultation and case evaluation for your Mount Dora paraphernalia charge.