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Possession of Drug Paraphernalia

An individual can be arrested for possession of drug paraphernalia for a number of different reasons. While possession of drug paraphernalia may not seem like a serious crime it comes with very real and severe consequences.

  • What is the definition of possession of drug paraphernalia?
  • How will the law punish individuals who are guilty of possession of drug paraphernalia?
  • How can a drug attorney help defend a client against possession of drug paraphernalia charges?

Possession of drug paraphernalia can be defined as having any materials or tools that are used to either put drugs in the body or package drugs. Drug paraphernalia also includes any equipment that is used to produce or manufacture drugs. Common drug paraphernalia are scales, pipes, bongs, spoons, needles, syringes, scales, and measuring or preparation devices such as scales, containers and bags.

In Miami, Florida having possession of drug paraphernalia is considered a crime. Under Fla. Statute 893.145 drug paraphernalia is defined as materials and equipment that are used for the following:

  • Growing
  • Planting
  • Packaging
  • Transporting
  • Ingesting
  • Injecting
  • Production
  • Inhaling
  • Anything used to get drugs or narcotics into the body

After an individual is charged with possession of drug paraphernalia the court system will decide if the items are indeed considered paraphernalia. The court will look at a few things when determining this, including statements that the accused made, whether the accused is the owner of the paraphernalia, any residue that is found in the paraphernalia, and skiilled testimony in regards to what the paraphernalia that was found is typically used for.

The prosecutor in Miami, Florida will try to prove beyond a reasonable doubt that the defendant either had the possession of drug paraphernalia in their hand, hidden in their clothing, on their body, or if the drug paraphernalia was in close proximity.

Possession of drug paraphernalia is considered to be a misdemeanor of the first degree in Miami, Florida. An individual who is found guilty of a first degree misdemeanor can be fined up to $1000 and/or spend up to a year in jail. Even though the crime of possession of drug paraphernalia is generally considered to be a less serious criminal defense it can still result in some serious consequences.

By hiring an attorney who has experience in defending clients who have been charged it is very possible to have penalties reduced, charges reduced, or a complete dismissal of charges. A properly prepared drug attorney will be able to help its client avoid serious charges even if the evidence stacked against them for possession of drug paraphernalia is overwhelming. If an attorney is not hired to help defend a person against the charge of possession of drug paraphernalia in Miami, Florida they are likely to be subject to the following consequences:

  • Loss of employment opportunities
  • Probation
  • Community service
  • Large fines
  • Possible prison sentence

If you or a loved one has been charged with a possession of drug paraphernalia, whether it is a bong, pipe or syringe to ingest drugs with or bags and scales to package drugs with the best chance of avoiding sever punishments from the law is through the services of an drug attorney.

Yale Galanter

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