The Police pulled the Defendant over for a speeding violation. The Defendant gave the Officer consent to search her vehicle. The Officer found prescription pill bottles and a hollowed out pen containing residue. A presumptive field test proved positive for narcotics. The Defendant confessed that she used the pen shell to snort her pills versus swallowing them. The Police arrested the Defendant and charged her with Possession of Paraphernalia.
Possession of Paraphernalia
Possessing any drug paraphernalia is a first-degree misdemeanor. A person will be charged for possession of drug paraphernalia if they are in possession of any item that is intended to be used or is used with drugs. This includes any items that are used to plant, transport, process, test, prepare, analyze, store, contain, cultivate, ingest, inhale, inject, harvest, convert, or manufacture.
Common items, some of which are everyday things, that a person may be carrying with them that could be considered as drug paraphernalia include the following:
- Needles or syringes
- Rolling papers
- Small baggies
- Roach clips
- Small spoons
- Razor blades
- Small mirrors
- Short straws
- Surgical or dust masks
- Breath mints or mouthwash to cover up the smell
- Eye drops for red eyes
Penalties for possession of drug paraphernalia include up to one year in jail and a fine of $1,000. A one-year probation period will also be given.
Expunging a Record
If you request to have your records expunged, it means that you are asking the courts to legally seal your records. This will show no conviction when others view your record if they need to. Many people have their records expunged after they have been charged with a crime if later they were found to be innocent.
Many do not realize that the conviction will not completely be erased from your record. While it will not be visible to many, certain governmental agencies, law enforcement, and criminal courts will still be able to see this on your record.
Musca Law Firm
Musca Law Firm is located in Florida and serves the entire state. We have offices located in various cities for your convenience. Our offices accept phone calls 24 hours per day as we realize life happens outside of 9am to 5pm work hours. We also offer a free initial case consultation for new clients, in order to determine how our services may best support you and your needs.
If you have been charged with possession of drug paraphernalia or another criminal offense, we want to hear from you. Our firm has successfully handled many drug-related cases with positive outcomes for our clients. We will listen to your side of the story, review the case, and then develop a strategic defense. If need be, we will call in experts for your court case and we are not afraid to go head-to-head with the prosecution. We always strive to find a favorable outcome for all of our clients. Don’t hesitate to call us today at (888) 484-5057 to determine how our services may best support you.
RESULT: The Musca Law Defense Attorney immediately contacted the Client’s doctors and obtained proof of prescriptions for the drugs found in her vehicle and on the paraphernalia. The Attorney convinced the Prosecution that the case lacked evidence and the State DROPPED all charges on the eve of trial. The Client is now eligible to have her records expunged.