Brevard County Possession of Paraphernalia Attorney
In Barefoot Bay, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne, Melbourne Beach, Melbourne Village, Merritt Island, Mims, Palm Bay, Patrick Air Force Base, Rockledge, Satellite Beach, Viera, Titusville, West Melbourne and the surrounding areas in Brevard County Possession of paraphernalia (Fla. Stat. 893.147) is serious in criminal offense. With maximum penalties 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. You should contact a Brevard County 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 consume drugs, and the police think you’ve used drugs with it, they can arrest you for paraphernalia.
What are my Defenses? Yes.
Some common defenses 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).
Do I Have options?
Some of the ways to minimize a paraphernalia charge 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 completely dismissed.
It is important to consult with experienced Brevard County paraphernalia attorney. Call Heiko Moenckmeier and Kevin J. Pitts at 321-549-7894 today to set up a free consultation for your Brevard County paraphernalia charge.