An Orlando Possession of paraphernalia charge (Fla. Stat. 893.147) is serious in criminal offense. With maximum punishment of 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 such as jail. You should contact an Orlando possession of paraphernalia attorney because if you are adjudicated guilty you will have a criminal record for the rest of your life.
What Is Drug Paraphernalia??
The state must prove use and they have to test it and it has to test positive for an illegal substance. Typically items considered paraphernalia 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 ingest drugs, and the police think you’ve used drugs with it, they can arrest you for possession of drug paraphernalia in Orlando.
Can I fight this? Yes.
Some common defenses to an Orlando paraphernalia charge include illegal search warrant, illegal stop, search and seizure, and constructive possession litigation. Fortunately 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). In Walker v. State, 514 So.2d 1149, 1151 (Fla. 2d DCA 1987), the Second DCA stated: "Because pipes are used to smoke materials other than drugs, they are not contraband per se."
Are there options?
Some of the ways to minimize an Orlando paraphernalia charge include: pretrial diversion if you qualify or can get the state to allow you in. You can take probation if it is offered with a withhold of adjudication or maybe a withhold with fines and court costs. A withhold avoids a formal conviction and allows the accused to seal their record in the future. Other times, motions to suppress can be filed. A motion to suppress can result in the case being completely dismissed. After dismissal or diversion the accused is eligible for expunction.
It is important to consult with experienced Orlando paraphernalia attorney. Call Heiko Moenckmeier and Kevin J. Pitts today. Call today- 407.504.1384 or 407.883.6853 to speak DIRECTLY to an attorney who will give you a free initial consultation to discuss your Orlando drug paraphernalia case.