New Port Richey Possession of Drug Paraphernalia Lawyers
Possession of Drug Paraphernalia Attorneys, Laws, and Penalties
The majority of drug-related criminal offenses in Florida that result in arrest, are possession of drug paraphernalia charges. Even though there are those who think possession of drug paraphernalia criminal charges is minor, the reality is these crimes have severe consequences. If you or a loved one has been charged with a drug crime in New Port Richey, Florida, it's important that you speak with one of our New Port Richey Drug Paraphernalia Possession Lawyers as soon as possible. Our criminal defense firm has the experience and knowledge essential to defend against Paraphernalia and Possession and Charges by aggressively challenging the "possession "requirements, allegations asserted by the prosecution, and attacking the legitimacy of the arresting officers actions in searching or seizing evidence.
Drug paraphernalia criminal charges in the State of Florida are defended by attorneys who have in-depth knowledge and experience of the fourth amendment of the United States Constitution. Drug paraphernalia cases or often defend it by examining the facts and circumstances around the search for evidence and the subsequent arrest.
Although the crime of possession of drug paraphernalia is a misdemeanor criminal offense, there's a first-degree misdemeanor charge carrying a jail sentence of up to one year, court costs, fines, and a strict probationary period. Those convicted of a drug crime often face expensive and extensive probation requirements such as mandatory substance abuse treatment, random drug testing, and the cost associated with these additional punishments. Also, the defendant, if found guilty, will have a criminal record that will follow them for the rest of their life. A criminal record makes it difficult to obtain employment, loans, grants, and in some cases, housing.
To receive your free case evaluation and discuss your potential legal defenses in a drug paraphernalia charge in New Port Richey, Florida, simply call Musca Law 24/7 at 727-480-9675 or visit us at our law office located at 8520 Government Dr STE 5, New Port Richey, FL 34654. When you call, simply just asked to speak to one of our New Port Richey Criminal attorneys.
Florida Statutes Section 893.147 Possession of Drug Paraphernalia
According to Florida statute section 893.147, Florida defines the manufacture, delivery, transportation, advertisement, and retail sale of drug paraphernalia. These statutes also state that it is illegal to use or intend to use drug paraphernalia, manufacture drug paraphernalia, deliver drug paraphernalia to a minor, transport drug paraphernalia, or deliver drug paraphernalia in the State of Florida.
Under Florida statutes section 893.147, drug paraphernalia is defined as all products, materials, equipment, any type that are used, designed for use, or intended for use, in cultivating, planting, growing, propagating, preparing, processing, analyzing, storing, containing, transporting, injecting, inhaling, concealing, ingesting, testing, repackaging, packaging or introduces into the body a controlled substance.
The Types of Drug Paraphernalia That Can Lead to an Arrest
- Hyper dermic syringes, syringes, or any other type of paraphernalia that may be used to inject a controlled substance into the body;
- Scales and balances used or intended to use in the weighing or measuring of a controlled substance;
- Containers used for storing, concealing, or transporting controlled substances;
- Drug paraphernalia accessories such as balloons, rolling papers, baggies, cutting devices, and testing devices;
- Blenders, spoons, bowls, mixing device is intended for use, used, or design two compound controlled substances;
- All wooden, acrylic, metal, plastic, stone, or ceramic pipes, that are fitted with or without a permanent screen, screens, hashish heads, punctured metal bowls, "roach clips," "whip it" devices, "crackers," vials, smoking, and carburetion masks.
How Prosecutors Prove Drug Paraphernalia Possession in New Port Richey, FL
In order for the prosecution to obtain a conviction of possession of drug paraphernalia, State's attorneys must prove the cues actually possess any of the above-listed items. In the State of Florida, there or two forms of possession: actual or constructive.
When a person is accused of "actual possession "of drug paraphernalia, law enforcement officers a ledge the suspects either had the drug paraphernalia on them, had the drug paraphernalia within reach, or he or she had The drug paraphernalia within their control.
If law enforcement Asserts that the suspects had "constructive possession" of illegal drug paraphernalia, The officers are asserting that the suspect did not have the drug paraphernalia on them or within their reach, but the suspects had hidden the drug paraphernalia or had control over the drug paraphernalia.
In some drug paraphernalia Possession cases in Florida, the accused may not have had control of the drug paraphernalia, but here she understood the illegal paraphernalia was within his or her presence, or he or she had possession or control over the drug paraphernalia at one time.
In Florida, it is possible that an individual or individuals may be arrested and charged with joint possession of illegal drug paraphernalia. These cases typically involve situations where the drug paraphernalia is found at a residence or vehicle jointly owned or operated by two or more individuals. These cases may also involve a place where several individuals are present and found in possession of illegal drug paraphernalia. These cases are often difficult for the prosecution to prove actual or constructive possession of drug paraphernalia.
Penalties and Punishments for possession of drug paraphernalia in Florida
If the accused has been found guilty and convicted of possession of drug paraphernalia in the State of Florida, the facts and circumstances surrounding the case will determine the penalties and punishments to be handed down by the criminal justice court in New Port Richey, Florida. If individuals found guilty in possession of any of the drug paraphernalia as listed above, he or she will be charged with a first-degree misdemeanor. If the defendant is found guilty, the punishments include a jail sentence of up to one year, one year probation, a fine of up to $1,000. In addition, The offender may be required to undergo a lengthy probationary period that requires substance-abuse counseling, drug treatment, random drug testing, and be required to pay all costs of these services.
Manufacturing or Delivering Drug Paraphernalia Penalties in Florida
If an individual has been charged with delivering or manufacturing illegal drug paraphernalia, he or she may be charged with a third-degree felony. 1/3degree felony conviction is punished in the State of Florida with up to five years in prison, up to five years on probation, and up to $5,000 in fines.
If the illegal drug paraphernalia was made for or delivered to a minor child, the criminal charge becomes a second-degree felony. A second-degree felony is punished with a maximum prison sentence of up to 15 years.
Defending Against Oossession of drug paraphernalia criminal charges in Florida.
Our experienced New Port Richey Drug Paraphernalia Defense Attorneys must examine all of the facts and circumstances surrounding the key is a criminal case to determine the best possible defense strategy. The strategy in beating a drug Paraphernalia offense is to determine whether police officers conducted a legal search and seizure of evidence. In many cases, our drug paraphernalia defense attorneys Were able to uncover violations of our clients s' Fourth Amendment rights. And a situation such as this, our defense attorneys would file a motion to suppress to exclude the improperly obtained evidence against our client. Generally speaking, without the evidence, The criminal charges could be dropped by the prosecuting attorneys, the judge might dismiss the case, a reduction of the charges could be offered, or a significantly favorable plea deal could be negotiated. At Musca Law, we always work with the client to obtain the most favorable result in their case.
The "temporary possession "defense is another potential defense that could apply when the defendant is in the presence of another individual who bones the drug paraphernalia but temporarily really possesses the drug paraphernalia. This is often used in cases where the defendant temporarily possesses the drug paraphernalia to test or verify do drugs before purchase.
Free Case Review with Experienced New Port Richey Drug Paraphernalia Defense Attorneys
If you or a member of your family has been charged and arrested for possession of drug paraphernalia in New Port Richey, Florida, do not delay in calling 727-480-9675 or stop by our law office located at 8520 Government Dr STE 5, New Port Richey, FL 34654. Our New Port Richey Drug Paraphernalia Attorneys look forward to discussing your case and providing answers to your important legal questions. Call us today for your free case analysis.
8520 Government Dr STE 5
New Port Richey, FL 34654
Phone: (727) 480-9675
Hours: Open now: Open 24 hours
788G+GQ New Port Richey, Florida