If you or a loved one has been arrested or charged with possession of drug paraphernalia, it is critical to consult with an experienced Miami possession of drug paraphernalia attorney as soon as possible to ensure that your rights are protected. You need the advice of an experienced attorney to guide you through the process and increase the likelihood of resolving your case favorably.
What is Drug Paraphernalia under Florida Law?
Possession of drug paraphernalia is a relatively common misdemeanor charge which often, but not always, accompanies a drug possession charge. Typical objects which are often classified as drug paraphernalia are pipes, water pipes, bongs, syringes, and scales.
Because it is very difficult to prove that an object is possessed with the intention to facilitate drug use, Florida law specifies certain factors that should be considered in determining whether the object in question is drug paraphernalia. They are:
(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 enterprise.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
Contact an Experienced Miami Possession of Drug Paraphernalia Attorney
Over the years, we have represented a large number of clients charged with possession of drug paraphernalia. There is a good chance that we have dealt with a case similar to yours and have represented clients who shared similar needs and concerns that you may have. Feel free to browse through the results section of our site for a representative sample of some of our past cases, and the results we have achieved for our clients.
By taking the immediate action of hiring an attorney to defend yourself, you are minimizing the chances that a possession of drug paraphernalia charge will have lasting consequences for your career, personal life, and reputation. CALL US NOW for a CONFIDENTIAL CONSULTATION at securely encrypted intake form. The additional details you provide will greatly assist us in responding to your inquiry., or simply take a moment to fill out our
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