Possession of paraphernalia (Fla. Stat. 893.147) is a serious offense punishable in Florida 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 more serious the penalties that you are facing.
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 ingest 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.
What are my options?
Some of the ways to minimize a paraphernalia charge are: pretrial diversion if you qualify or can get the state to admit you. You can take probation if it is offered, or sometimes a withhold of adjudication and fines and court costs. Other times, we c an file motions that can result in the case being dismissed.
It is important to consult with experienced Osceola paraphernalia attorneys Heiko Moenckmeier and Kevin Pitts at 407.504.1384 or 407.883.6853 so we can give you a free consultation and case evaluation for your Kissimmee paraphernalia charge.