If you are facing misdemeanor charges for Possession of Drug Paraphernalia, contact the Law Offices of Germain & McCarthy, LLC to secure legal representation. Our Melbourne criminal defense attorneys aggressively defend clients facing charges for possession of drug paraphernalia in the Brevard County area, including Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbor Beach, Malabar, Melbourne Village, Melbourne, Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, and West Melbourne.
Occasionally, a possession of drug paraphernalia charge is accompanied by additional associated charges such as possession of a controlled substance or possession with intent to sell. We believe in filing motions to suppress evidence gained after an illegal or unreasonable search. We also file motions to dismiss criminal charges when the prosecutor has insufficient evidence.
Often the statements used by the individual are used to support the prosecution. For any number of reasons, your Brevard County attorney can fight to exclude those statements especially when the police questioned you before reading your Miranda warnings.
According to Florida "Drug Abuse Prevention and Control" Statute Section 893.145, "drug paraphernalia" is defined as any type of products, materials or equipment which is utilized to plant, grow, cultivate, inhale, manufacture, store, ingest, conceal, or transport any controlled substance.
Possession of Drug Paraphernalia is a common misdemeanor offense punishable by up to 12 months imprisonment and a $1,000 fine. Under the State of Florida Statute Sections 893, it is unlawful for an individual to possess drug paraphernalia with the intention to utilize it for drugs. It is rather perplexing, however, to prove that an individual intends to use it for this purpose. Florida law recognizes certain components that are considered when instituting whether an alleged article is drug paraphernalia.
General items which are categorized as drug paraphernalia are pipes, bongs, syringes, water pipes, and scales. Florida law conditions particular evidence considered in determining whether a certain article is drug paraphernalia, including:
Other common types of legitimate uses for the assumed drug paraphernalia;
Promotion for the use of the alleged drug paraphernalia;
Guidelines are given for use of the item, either verbally or transcribed, concerning the utilization of the assumed drug paraphernalia;
Statements by the owner or other people in possession of the alleged drug paraphernalia concerning its use;
Location of the alleged drug paraphernalia associated with any controlled substance found;
How close the alleged drug paraphernalia is located, and the time it is located after a violation of the law;
Circumstantial or direct evidence of the intention of the owner, or another individual who possessed the alleged drug paraphernalia, to bring the item to an individual who he knows will use the item in violation of the law;
Professional testimony about the use of the assumed drug paraphernalia to use drugs;
Whether drug remains are found on or in the alleged drug paraphernalia;
The way in which the alleged drug paraphernalia is displayed for sale; or
Transcribed material presenting descriptions or pictures which describe or depict the manner in which the assumed drug paraphernalia should be used.
If you have been arrested or you are facing charges for possession of drug paraphernalia, provide us with the details of your situation ;in our online form or call, (321) 253-3447 today for a consultation. The Law Offices of Germain & McCarthy, LLC represent possession of drug paraphernalia cases in Brevard County, Volusia County, Seminole County, Osceola County, Indian River County and Orange County. Call our Brevard County drug defense attorneys at (321) 253-3447 today.