Flagler County Possession of Paraphernalia Attorney
A Flagler County Possession of paraphernalia (Fla. Stat. 893.147) is serious in Florida. 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 Flagler County possession of paraphernalia attorney Kevin J. Pitts 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 a controlled substance. Typically charged are: ‘blunt wraps,’ chore boy, razor blades, straws, rolled up dollar bills, scales, needles, pill bottles, plastic bags, paper bags, jars, 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 drug paraphernalia.
What are the Defenses?
Some common defenses include illegal warrant, illegal stop, search, and seizure, and constructive possession litigation. Fortunately for a drug paraphernalia case there are many defenses, including, if they tested it, and where/when it was found. To sustain charge of possession of drug paraphernalia, the State was required to prove not merely that individual possessed drug paraphernalia, but that he or she 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). They must also prove knowledge and dominion and control in constructive possession cases.