Drug Paraphernalia Attorney in Tampa
Charged with Possession of Drug Paraphernalia?
Possession of Drug Paraphernalia is a charge that often accompanies a drug possession charge. The charge involves possessing items to facilitate the use of drugs. This can include a wide range of items including pipes, syringes, capsules, containers, blenders, scales and bongs. It is a first degree misdemeanor punishable by 12 months in the county jail plus a $1000 fine. If you or a family member has been charged with this offense, you need to obtain experienced legal defense by contacting a
Tampa drug crime defense attorney.
Defending Drug Paraphernalia Charges in Tampa
The prosecutor in pressing the charge must prove possession of the paraphernalia plus an intention to use the item in question in connection with drugs. This can be difficult there are defense opportunities to counter the state's case. The defense also explores possible violations of the defendant's constitutional rights. These violations can occur from the police overstepping in wiretapping, search of the defendant's premises or in obtaining confessions or other failures to follow legal procedures.
What is Drug Paraphernalia? Fla. Statute 893.145
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 in violation of Florida Statute 893.
Who Determines What is Paraphernalia? Fla. Statute 893.146
In determining whether an object is drug paraphernalia, a court or jury is required to consider the following factors:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object, in time and space, to a direct violation of this act.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprize.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
Other Drug Paraphernalia Offenses
- Manufacture or Delivery of Drug Paraphernalia = Felony third degree
- Transportation of drug paraphernalia = Felony third degree
- Advertisement of drug paraphernalia = Misdemeanor first degree
- Delivery of drug paraphernalia to a minor = Felony second degree
Tampa Drug Paraphernalia Lawyer
Hessinger & Kilfin Law frequently defends client's with drug possession and drug paraphernalia charges in the Tampa area. Our team uses their extensive experience as former prosecutors and vast experienced as criminal defense attorneys to defend clients' charged with drug crimes. Our priority is to obtain the most favorable case resolution as possible. We carefully review all the evidence for violations of our client's constitutional rights and for weaknesses in the state's proof on all drug possession and drug paraphernalia charges.
Contact a drug paraphernalia attorney in Tampa
for a free consultation about your charges.