Drug Paraphernalia charges or Drug Possession charges are very serious. Bottari & Doyle Law Firm in Palm Beach County will defend you. Call 561-588-2781. If you have been arrested for Possession of Drug Paraphernalia in Palm Beach County, Broward County, or Martin County, contact a criminal defense attorney from Bottari & Doyle at (561)588-2781 for a free consultation.
Definition of Drug Paraphernalia
Pursuant to Florida Statute 893.145, Drug Paraphernalia means: All equipment, products or materials which are used or intended for use to prepare, package, transport, inhale etc. a controlled substance into the human body.
Penalties for Possession of Drug Paraphernalia
Possession of Drug Paraphernalia is a 1st degree misdemeanor, punishable by any combination of the following:
- 1 year in jail
- 1 year of probation
- $1,000 fine
Defenses to Possession of Drug Paraphernalia
There are two types of possession: Actual Possession and Constructive Possession. Actual Possession occurs when the person has the paraphernalia on or near their person. Constructive Possession typically arises when there are multiple occupants in a vehicle. To prove that a person constructively possessed paraphernalia, the State must prove: (1) the defendant knew about the paraphernalia and (2) the defendant had the ability to exercise dominion and control over the paraphernalia. The following is an example where the State would have difficulty proving beyond a reasonable doubt that the defendant constructively possessed drug paraphernalia.
Example: Defendant is driving his car with a passenger in the front seat. The police lawfully stop the defendant's vehicle for speeding. The passenger pulls out a marijuana pipe and places it at his feet. The State would have difficulty showing that the Defendant exercised dominion and control over the pipe.
If you have been charged with Possession of Drug Paraphernalia in Palm Beach County, Martin County, or Broward County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.