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
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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.
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All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.
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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.
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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.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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Charges Reduced Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.