Police approached a married couple sitting in their car talking. An Officer requested to search the couple’s vehicle and the parties complied. The Police found a plastic straw containing cocaine residue. Police arrested the couple and charged them with Felony Cocaine Possession and Possession of Drug Paraphernalia.
Felony Cocaine Possession
Cocaine is a schedule II drug. Anyone with less than 28 grams on them will be committing a felony in the third degree. One person will receive up to 5 years in prison, 5 years of probation, and a $5,000 fine. It is a level 3 offense under the CPC (Florida’s Criminal punishment code). Any person will also lose their driver’s license.
If a person has more than 28 grams, they will be charged with Trafficking in Cocaine. If the cocaine is mixed with something, but there is only 20 grams of cocaine, but it measures out to be 32 grams, you will be charged with this offensive as the total weight was more than 28 grams.
Possession of Drug Paraphernalia
Under Florida Statutes, Section 893.145, it states: “The term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance;”
Examples of drug paraphernalia include:
- Small mixing bowls
- Wooden or ceramic pipes
- Rolling papers
- Testing equipment
- Scales and balances
- Needles or syringes
- Separation gins
- Water pipes
- Roach clips
- Chamber pipes
- Air driven pipes
Possession of drug paraphernalia is a first-degree misdemeanor. It is punishable by up to one year in jail and/or 12 months probation. There will also be a fine of $1,000 imposed.
Often possession of drug paraphernalia charges will be paired up with other charges, such as possession of marijuana or cocaine.
Musca Law Firm
If you have been charged with cocaine possession or possession of drug paraphernalia, Musca Law wants to represent you. We have successfully handled many cases like this, and in many of them we were able to have the charge completely dropped or lowered significantly.
Our attorneys will offer you a free initial consultation. Once we have been hired, we will begin researching your case to find the best possible outcome for you. We work hard to provide the best defense possible while exposing the prosecution’s weak side.
Please call us 24 hours a day to set up your initial visit.
RESULT:The couple hired Musca Law Firm to defend the serious criminal charges brought forth against them. The Defense Attorney argued the facts of the case against the Prosecution’s evidence. The Defense Attorney persuaded the State to DROP ALL CHARGES against our Clients! Our Clients are now eligible to have their records sealed.