Orlando Drug Paraphernalia Attorney
Possession of drug paraphernalia tends to be an add-on charge in Florida. Few people are charged with it without an underlying drug possession charge. If you’ve been arrested for drug paraphernalia possession, chances are that you’re also facing some other drug charges.
Orlando drug paraphernalia defense attorney Rahul Parikh knows how Orange County prosecutors pursue drug crime cases. He can mount a formidable defense and help you deal with your charges. Call today to talk to a criminal defense attorney about your case.
How Drug Paraphernalia Crimes are Charged in Florida
Under Florida State Statute 893.147, it is a first-degree misdemeanor to utilize items to ingest, grow, manufacture, produce, weigh, package, or test drugs. That means something with otherwise legal use, like a scale or plastic baggies, can be considered drug paraphernalia depending on the circumstances.
On the other hand, even if something is specifically designed for drug usage, like a glass pipe, it may not be considered drug paraphernalia if there are alternate uses, even if those other uses are unlikely.
Penalties for Possession of Drug Paraphernalia
Possession of drug paraphernalia is a first-degree misdemeanor in Florida, punishable by up to a year in jail and a $1,000 fine. However, aggravating circumstances can bump the crime up to a felony.
It is a third-degree felony to deliver or sell drug paraphernalia, punishable by up to five years in prison and a $5,000 fine. If you are convicted of selling drug paraphernalia to a minor under 18 years of age, it is a second-degree felony, which can carry a 15-year prison sentence and a $10,000 fine.
Additionally, you may find yourself in a situation where the police charge you with possession of a controlled substance, even for trace amounts of the drug. For instance, if the police find a scale in your trunk and discover trace amounts of cocaine, they can charge you with possession of cocaine and possession of drug paraphernalia. On the other hand, a clean scale without corroborating evidence of a drug crime should not result in arrest.
What You Should Do if You’re Arrested for Drug Paraphernalia
If you’ve already been arrested for a drug paraphernalia charge, you should contact a drug possession attorney in your area. If you’re in Orange County, FL, call Parikh Law to discuss your case with one of the top criminal defense attorneys in the region.
Unfortunately, many people who are arrested for drug paraphernalia end up making their situation worse. Here are some things to consider if you have been arrested or are about to be arrested.
- The police are allowed to ask you questions, but you are not required to answer. In most cases, trying to talk you’re way out of a charge can lead you to make incriminating statements.
- If the police ask you if they can search you or your vehicle, it probably means they don’t have a legal reason to search without your consent. If you agree because you’re afraid of looking guilty, you may be solidifying their case.
- If you try to discard a pipe or other paraphernalia and the police notice it, they can charge you with possession of drug paraphernalia and evidence tampering, which is a third-degree felony.
Common Defenses Against Drug Paraphernalia Possession
As a drug crime lawyer in Orlando, these are some common defenses that attorney Parikh has used to beat drug paraphernalia charges for his clients.
- The stop was illegal – The police require a legal reason to stop you. For example, a violation of a traffic device or an anonymous tip. If the stop is invalid, any evidence they find can’t be used against you in court.
- The search was illegal – The police need a legally valid reason to search you, your car, or your home, but they often overstep their authority and conduct an illegal search. This negates any evidence that they locate.
- The item is not drug paraphernalia – The prosecution must prove that the item in question was being used as drug paraphernalia. If they fail to establish its intended use as paraphernalia, the case may be thrown out.
- The defendant was not in possession – The police often use the constructive possession argument to make their case. That means that the item was not in the defendant’s actual possession but was so close that it was very likely in their possession. This is obviously more difficult for the prosecution to prove.
Whatever the circumstances surrounding your case, an Orlando drug paraphernalia lawyer is your best option for a solid defense.
Frequently Asked Questions About Drug Paraphernalia Crimes
The following questions are commonly asked by individuals facing drug paraphernalia charges. For specific answers to your case, contact Rahul Parikh. He will discuss your case with you in a private setting under the protection of attorney-client privilege.
Can I be charged with “clean” paraphernalia?
It is possible to be charged with an unused piece of paraphernalia. For instance, if you have a new glass pipe in your possession along with a baggie of methamphetamine, they could charge you with possession of the controlled substance and possession of drug paraphernalia.
Why is it legal to sell drug paraphernalia?
Most drug paraphernalia items have alternate uses. For example, indoor plant lights are legal to own and sell because they have multiple practical uses. However, when you use them to grow marijuana plants, they are considered paraphernalia. Shops specializing in selling items that could be used as drug paraphernalia are usually diligent about posting disclaimers that their products aren’t for illegal use.
Experienced Drug Crime Lawyer in Orlando, FL
As an Orlando Drug Paraphernalia Attorney, Rahul Parikh has helped hundreds of clients beat their criminal charges. Drug paraphernalia possession may be a misdemeanor crime, but a conviction can lead to jail, probation, fines, and a criminal record. Don’t chance your future and freedom to a public defender. Contact Parikh Law for a diligent, effective defense of your charges.