A Daytona Beach 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 a Daytona Beach possession of paraphernalia attorney to discuss your legal options.
What Is Paraphernalia??
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, apples… basically, 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 paraphernalia.
Are there Defenses? Yes.
Besides, 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)
What are my options?
Some of the ways to minimize a paraphernalia charge in Daytona Beach or DeLand are: pretrial diversion if you qualify or can get the state to allow you in. You can take probation if it is offered, or sometimes a withhold of adjudication and fines and court costs. Other times, motions to suppress can be filed. A motion to suppress can result in the case being dismissed.
It is important to consult with experienced Volusia County paraphernalia attorney. Call Kevin J. Pitts at 386-451-5112 today to set up a free consultation and case evaluation for your Daytona Beach paraphernalia charge.