Police observed a motorcyclist parked on a sidewalk. The Officer pulled his cruiser over and found the suspect hiding from him in the bushes. The Officer performed a pat down search and asked if the Suspect had weapons or drugs on him. The Defendant had a handgun and two knives in his motorcycle fanny pack. The Defendant also confessed to holding crack cocaine in his pocket. The Officer arrested the Defendant and charged him with Possession of Cocaine and Possession of Drug Paraphernalia.
Possession of Cocaine
A third-degree felony in Florida is possession of cocaine. Cocaine is a schedule II drug that has a very high risk for abuse. It is punishable by up to 5 years in prison, 5 years of probation, and a fine of $5,000.
Possession of cocaine will be given a level 3 offense in Florida’s Criminal Punishment Code. The defendants will also have their driver’s license suspended for a year by DHSMV.
Possession of Drug Paraphernalia
Per Florida Statutes 893.146, Drug paraphernalia is defined as “defined as any item used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce an illegal or controlled substance.”
Common examples of drug paraphernalia include small mixing bowls, cigarette rolling papers, matches, lighters, mirrors, razor blades, blenders, scales and balances, bongs, baggies, envelopes, small spoons, balloons, and ceramic, wood, metal, plastic, and other types of pipes.
Possession of drug paraphernalia is a first-degree misdemeanor. This is punishable by up to one year in prison, one year of probation, and a fine of $1,000.
Musca Law Firm
If you have been arrested for possession of cocaine, drug paraphernalia, or any other drug charge, you should be aware of the grave consequences it can have on your life. Future landlords can look at your criminal history, as can future employers. There are colleges that will not accept anyone with this sort of background and many times those with drug charges will be turned down for financial aid.
It is in your best interest to obtain the legal services of Musca Law. We have a team of attorneys that have over 150 years of collective experience. Our hours are extended on nights and weekends as we realize most people have a very busy life. Please call us today for your free consultation. We serve all of Florida and have offices located in various cities, such as Orlando, New Port Richey, Clearwater, and Daytona Beach. We look forward to hearing from you.
RESULT: Defendant was facing felony charges for this crime. The Defense entered into talks with the Prosecution over the details of the case. The court ruled in the Defense’s favor with no formal finding of guilt on the Possession of Cocaine charge. The State DROPPED the charge of Possession of Drug Paraphernalia.