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Drug Paraphernalia

Dayton Beach Drug Paraphernalia Lawyer

Aggressive Defense Against Drug Paraphernalia Charges in Florida  

At Thompson Law, P.A., we are committed to providing professional legal services to our clients in Daytona Beach and the surrounding areas. We specialize in a wide range of legal matters, including drug-related offenses. If you are facing charges related to drug paraphernalia, having a skilled attorney by your side is essential. 

Call Thompson Law, P.A. today at (386) 280-4977 or contact us online to schedule a meeting with our drug paraphernalia attorney in Daytona Beach!

What is Drug Paraphernalia?

Drug paraphernalia refers to various items, equipment, or materials used in the manufacturing, packaging, or consumption of controlled substances, such as drugs. The Florida Statutes specifically define drug paraphernalia in Section 893.145. It encompasses a broad range of objects, including but not limited to:

  • Pipes and Bongs: Devices used for smoking or inhaling drugs.
  • Syringes and Needles: Commonly associated with intravenous drug use.
  • Containers: Jars, bags, or other receptacles for storing or concealing controlled substances.
  • Scales and Balances: Used for weighing drugs, often to measure portions for sale.
  • Spoons and Other Utensils: Frequently employed to prepare drugs for consumption.
  • Rolling Papers: Used for making homemade cigarettes, often filled with illicit substances.
  • Testing Equipment: Kits or devices designed to test the purity or potency of drugs.
  • Roach Clips: Clamps or holders designed for securing partially smoked marijuana cigarettes (roach clips).

Possession, sale, manufacture, or advertisement of drug paraphernalia is illegal in Florida and can lead to serious legal consequences.

What are the Penalties for Drug Paraphernalia in Florida?

The penalties for drug paraphernalia offenses in Florida can vary depending on the specifics of your case and your prior criminal record. However, some common consequences include:

  • Misdemeanor Charges: In many cases, drug paraphernalia offenses are classified as first-degree misdemeanors, resulting in up to one year in jail and fines of up to $1,000.
  • Felony Charges: If the drug paraphernalia was used with the cultivation, manufacture, or distribution of controlled substances, you could face felony charges. Felonies carry much more severe penalties, including lengthy prison sentences.
  • Probation: A judge may also sentence you to probation, including regular drug testing, mandatory counseling or treatment programs, and restricted travel.
  • Criminal Record: A conviction for a drug paraphernalia offense can leave a lasting mark on your criminal record, impacting your future employment prospects and other aspects of your life.

Defenses Against Drug Paraphernalia Charges

Facing drug paraphernalia charges can be intimidating, but several potential defenses can be used to protect your rights and challenge the allegations. These defenses may include:

  • Lack of Knowledge: Proving that you were unaware that the items in your possession were drug paraphernalia can be a strong defense. Demonstrating that you did not know the items' intended use can cast doubt on the charges against you.
  • Illegal Search and Seizure: If the evidence against you was obtained through law enforcement's illegal search or seizure, it may be inadmissible in court. This can lead to the dismissal of your case.
  • Valid Medical Prescription: If you have a valid prescription for the items in question, such as syringes or specific medical devices, you may have a strong defense against drug paraphernalia charges.
  • Inaccurate Testing or Identification: Challenging the accuracy of the testing or identification of the alleged paraphernalia can also be an effective defense strategy. Mistakes can occur during the testing process, and these errors can be exposed during your defense.

Client-Focused. RESULT-DRIVEN.

Working Closely with You To Build a Strong Case
  • No Charges Filed and Prevented Arrest Grand Theft

    Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no

  • All Charges Reduced Aggravated Battery

    Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.

  • Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License

    Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.

  • Charge Reduced Felony Child Abuse

    Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.

  • All Charges Dismissed Domestic Violence

    Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.

  • Charges Reduced to Simple Assault Aggravated Assault with a Firearm

    At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson