Miami Drug Paraphernalia Attorney
What happens if you don’t have drugs on you but you have drug paraphernalia in your possession? You could still get in big trouble, as possessing drug paraphernalia is illegal.
Possession of drug paraphernalia is a very common type of drug crime that is aggressively pursued. Many people are surprised to find themselves facing this charge.
Drug paraphernalia refers to any equipment, product, or material that is primarily intended or designed for use in manufacturing, preparing, packaging, ingesting, inhaling, or using illegal drugs or controlled substances.
In Florida, possession or use of drug paraphernalia is classified as a first-degree misdemeanor. Penalties may include up to 365 days in jail or 12 months’ probation, as well as a $1,000 fine.
A misdemeanor may seem like a minor crime, but it can still affect your life in many ways. Fight the charges with help from a Miami drug paraphernalia attorney from Asilia Law Firm.
Types of Drug Paraphernalia
- Pipes (including water pipes or bongs)
- Rolling papers
- Scales and balances used for weighing or measuring controlled substances
- Syringes and hypodermic needles
- Vaporizers
- Bongs
- Roach clips
- Miniature spoons used to snort drugs
- Bowls and other containers used in storing and transporting controlled substances
- Cocaine freebase kits
- Hydroponic equipment and other items used for growing or cultivating drugs
Understanding the Charge
Possession of drug paraphernalia is often a companion charge to possession of marijuana under 20 grams. A person will usually face charges for both, as the marijuana is kept in something, whether it be a box, a baggie, some sort of container. The state attorney’s office will usually also charge both as it gives them leverage to negotiate.
Types of Defenses
In order for a person to be charged with drug paraphernalia possession, constructive possession needs to be proven by both of the following:
- Knowledge of the drug paraphernalia’s presence
- Dominion and control over the drug paraphernalia
Here are some questions your lawyer should have the answers to in order to determine if there is strong evidence against you:
- Were you the only person in the car or dwelling?
- Were you in exclusive possession?
- Were the items found on you, or were they located in a place where multiple people had joint access?
- Can the state prove that you had knowledge of the presence of the paraphernalia?
- Were you aware of the illicit nature of the paraphernalia?
- Does the alleged paraphernalia serve another purpose rather than for drug use?
- Was there residue found on the alleged item of paraphernalia?
Contact Asilia Law Firm Today
Drug paraphernalia charges can lead to a criminal record. Don’t submit to a criminal charge without a solid defense.
With a Miami drug paraphernalia attorney from Asilia Law Firm on your side, you’ll be in good hands. We’ll help you understand your legal rights and options. Call (786) 420-3014 or fill out the online form to schedule a consultation.