The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Possession of Drug Paraphernalia – F.S. 893.147
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Any object that can be used to assist in drug use, any vessel to help the drug user get the drugs to their body, can be grounds for a Possession of Drug Paraphernalia charge. The following are some common drug paraphernalia:
- containers that held illegal drugs
- scales to measure amounts of illegal drugs
Paraphernalia possession can be divided into two groups: actual or constructive. Actual possession means that the item was on the individual’s person, as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it was theirs or not. For example, if the paraphernalia is in the console of a car, both the driver and passenger can be charged with constructive possession, assuming that they were aware of its being there.
There are ways to avoid this charge. Most paraphernalia cases stem from vehicle searches on traffic stops; you are protected against unnecessary searches. If you believe that your vehicle has been searched without good reason, and this lead to your charge, contact a criminal attorney immediately. Additionally, you may argue that you were unaware of the paraphernalia’s presence.
In Florida, possession of paraphernalia is a 1st degree misdemeanor, which comes with harsh punishments. A conviction can lead to a maximum of a year in jail, and up to $1k in fines. It will also be on your record, which makes it difficult to find a job, or home. Get educated and call your criminal lawyer to get started on your defense.
What constitutes as paraphernalia possession?
There are 2 characterizations of possession of paraphernalia in Florida.
“Actual Possession”: This sort of possession happens when an individual has stuff on their individual person. Most ordinarily, this happens when the paraphernalia is located in somebody’s pockets or bag. Actual possession is the most difficult sort of possession to defend against.
“Constructive Possession”: When an individual has easy access, however it is not on them, they are accused of constructive possession. They must be mindful of the gear and must have the capacity to control it. For instance, if you are aware that there are drugs or paraphernalia in your vehicle, you can be accused of possession. Regardless of the fact that you don’t possess the paraphernalia, were not utilizing it, or did not have it on you. Basically, having the ability to get to the paraphernalia is sufficient for a charge.
Do I require Legal counsel?
If you are confronting charges of paraphernalia possession, you definitely should contact a lawyer. Regardless of the fact that the charges don’t appear that heavy, you would prefer not to put your own personal freedom in danger. An accomplished criminal attorney knows the details of the system, and will ensure you keep your rights. Employing a trusted lawyer will help you maintain a strategic distance from feelings or have your charges rejected or diminished.
If you, or someone you know, have been charged with Possession of Drug Paraphernalia in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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