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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

  • No Criminal Charges Filed Public Assistance Fraud

    Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.

  • 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.

  • 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, 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.