What Is Drug 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 possession of drug paraphernalia.
Are there Defenses? Yes.
Besides, your typical illegal warrant, illegal stop, search, and seizure, and constructive possession litigation, there are a few more defenses, including, if they tested it and got a presumptive positive, and where/when it was found. If they do not gey a presumptive positive then it is not drug paraphernalia. 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 Volusia County or DeLand are: pretrial diversion if you qualify or can get the state to allow you in. Volusia County's drug diversion is the Stewart Marchman ADI level 1. This is a reasonable program that typically lasts around 4 weeks. 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 Deland paraphernalia attorney. Call Kevin J. Pitts at 386-451-5112 today to set up a free consultation and case evaluation for your Deland paraphernalia charge. Offices in Daytona Beach and Sanford.