A third party report of a person smoking marijuana inside a parked car lead Police to our Client. The Police made contact with the Defendant sitting inside his car. The Defendant admitted to smoking marijuana earlier and gave consent to search his vehicle. The Police recovered a multicolored glass pipe and charged the Defendant with Possession of Drug Paraphernalia.
Possession of Drug Paraphernalia in Florida
Under Florida law, possession of drug paraphernalia is a first-degree misdemeanor. Penalties for this for a first offense include up to one year in jail, one year of probation, and a fine of $1,000.
Many common everyday items can be considered drug paraphernalia. These items include small mixing bowls, miniature spoons, plastic baggies, small paper bags, plastic pill bottles, small glass vials, envelopes, tin foil, and balloons are often seen by those that are using or selling drugs. The court will consider any of these items as drug paraphernalia if they have a residue on them or are close to any controlled substances.
Bongs, roach clips, water pipes, cigarette papers, needles, syringes, lighters, and razor blades are often used for drugs.
Lipstick dispensers can hide pipes, soda cans can have a fake bottom for storing illegal drugs, and felt tip markers with an internal drug pipe have been seen by law enforcement on individuals that are trying to cover up their drug paraphernalia. These individuals may also try to cover up their drug use with various mouthwashes, mints, or breath sprays, along with using eye drops for red eyes. Many will also keep a pair of sunglasses on them at all times to cover up the redness or changes in pupil size.
Notice of Nolle Prosequi
In Latin, the phrase Nolle Prosequi means will no longer prosecute or be unwilling to pursue. A declaration will be made to the judge by the prosecutor in a criminal case. This can happen either before a trial or during, which will signal that a case is being dropped. When a notice of Nolle Prosequi is declared, it means that either a charge can not be proved, the district attorney has become convinced that the defendant is now innocent, or there is a fatal flaw in the prosecution’s claim. The prosecutor may also file this as perhaps a witness is no longer willing to cooperate or they desire to give the defendant a second chance.
Your Right For Legal Services
If you have been charged with possession of drug paraphernalia, Musca Law Firm wants to speak with you. We can work with you, developing a strong case with many possible defenses against you. Our law firm is experienced in criminal law with over 150 years of experience between all of our attorneys. We will go to bat for you against the prosecution, fighting fairly for your rights. Contact us today for a free consultation.
RESULT: Through aggressive negotiations, the Attorney persuaded the State to issue a Notice of Nolle Prosequi, DISMISSING the charge against our Client.