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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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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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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All Charges Dismissed Domestic Battery
Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
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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.
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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.
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All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.