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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
  • All Charges Reduced Aggravated Assault with a Firearm

    Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.

  • Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal

    The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.

  • 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.

  • All Charges Dismissed Resisting an Officer Without Violence

    The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.

  • Charges Reduced Aggravated Battery on Law Enforcement Officer

    Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.

  • All Charges Dismissed Aggravated Battery on and Elderly Person

    The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.