Orlando Drug Arrest Attorneys

In the State of Florida, not only can you be charged if you are found to be in possession of illegal drugs, but you can also be charged with the possession of drug paraphernalia. That means that being in possession of any item used in the use of illegal drugs such as needles, pipes, growing materials or packaging related to drug use can result in your arrest. Virtually anything that is used in the process of taking illegal drugs qualifies as drug paraphernalia under Florida law. However, some of the more common objects that are classified as drug paraphernalia include bongs, pipes, scales and syringes.

Florida Possession of Drug Paraphernalia Penalties

Section 893.145 of the Florida Statutes classifies possession of drug paraphernalia as a first degree misdemeanor with penalties up to:

  • 1 Year of Probation
  • 12 Months in Jail
  • $1,000 Fine

Paraphernalia possession is often accompanied by possession of controlled substance charges. Due to this, the judge will usually require random drug screenings and completion of a drug treatment program when the defendant is placed on probation.

Possession of Drug Paraphernalia Defenses

Common defenses used against drug paraphernalia possession charges include procedural defenses such as those that are typically used in any criminal case to try to get the charges dismissed.

However, there are also defenses unique to drug paraphernalia charges such as "constructive possession." This means that it must be proven that you knew the drug paraphernalia was on the premises, and also that the paraphernalia was under your control. To prove this, the prosecution will assess several factors, such as:

  • Did the defendant make any statements about the paraphernalia?
  • Was the paraphernalia found near a controlled substance?
  • Was any drug residue found on the object?

Another avenue of defense is claiming illegal search and seizure. This is an attempt to show that the police acted beyond their legal authority in the search that produced the paraphernalia. The arresting officer must be able to show that they had probable cause to search for the paraphernalia in the first place.

A less common defense is the so-called "overdose defense" in which the paraphernalia was obtained in the context of a medical emergency such as a drug overdose. In drug paraphernalia cases context is everything. It is simply not possible to provide a one size fits all appraisal of what kind of legal response is necessary in every instance.

Arrested With Drug Paraphernalia in Florida?

If you have been charged with possession of drug paraphernalia in Orlando, we highly recommend that you contact our drug defense attorneys for a free case review where we can explain your charges and help your prevent this incident from affecting your future. Call us today at 407-228-3838.

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