The police initiated a traffic stop after a suspicious vehicle blocked a roadway. Upon approaching the vehicle, an officer witnessed the defendant attempt to hide crack and a crack pipe in the center console of his car. Both the substance and the pipe tested positive for cocaine. The officer arrested the defendant and charged him with felonies in Possession of Cocaine and Possession of Drug Paraphernalia.
Possession of Cocaine
Cocaine is listed as a substance II drug, therefore, anyone that has less than 28 grams will be charged with a third-degree felony. Penalties for this will be up to five years in prison, five years probation, and a fine of $5,000. If there are possession amounts greater than this, the individual will be charged with trafficking in cocaine. The weight will be determined by how much of the substance there is, not by how much cocaine is actually in the mixture.
Any person that has been charged with possession of cocaine will lose their driver’s license for one year by the Florida DMV.
Possession of Drug Paraphernalia
Possession of drug paraphernalia in Florida is a first-degree misdemeanor. Paraphernalia can be described as anything that is used to plant, harvest, manufacture, process, convert, produce, test, store, package, re-package, analyze, contain, inhale, ingest, or inject an illegal substance.
Drug paraphernalia can be listed as many different things. Many everyday objects are used as drug paraphernalia. Some common, everyday objects include envelopes, mixing bowls, and miniature spoons. Cigarette rolling paper could even be considered drug paraphernalia if found with other items that are common on the list. Bongs, roach clips, water pipes, cocaine free based kits, metal pipes, glass pipes, and plastic pipes have all been used for drugs.
Defenses to drug paraphernalia include illegal search and seize. In this instance, law enforcement will require individuals to submit to a search of their homes, vehicles, or body. They may even coerce them to do so. If the defense can prove this, that evidence will be tossed out as it was illegally obtained.
Another defense that could be used is being arrested without law enforcement having probable cause or having proof that a warrant for an arrest was issued out of bad faith.
Legal Representation for Drug Charges
If you have been arrested or charged with any drug charges, it is imperative to seek legal representation as soon as possible. At Musca Law Firm, we can fight with the prosecution and will enter heated arguments if we have to. We will do everything we can to help lower your charges. We have even had many of our client’s charges completely dropped in many cases. Call us today for your free consultation.
RESULT: The Defense entered into heated negotiations with the Prosecution over the details of the case. The attorney did not rest and lead the case to Court. The Judge ruled no formal finding of guilt against the Client.