Orlando Drug Paraphernalia Defense Lawyer
If you have been charged with possession of drug paraphernalia in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your possession of drug paraphernalia charge dismissed or reduced. One way to get your possession of drug paraphernalia charge dismissed is by completing a Pre-Trial Diversion program. Not every possession of drug paraphernalia case is eligible for a Pre-Trial Diversion program. See below for information on Pre-Trial Diversion.
Former Drug Paraphernalia Prosecutor
As a former drug paraphernalia prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando possession of drug paraphernalia case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your possession of drug paraphernalia case.
Orlando Drug Paraphernalia Defense Lawyer Since 1999
Chris has been defending individuals in Orlando charged with possession of drug paraphernalia since 1999. Being an Orlando drug paraphernalia defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle criminal cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your possession of drug paraphernalia case.
Different Orlando Drug Paraphernalia Defense Lawyers Get Different Results
When you have been charged with possession of drug paraphernalia in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A criminal conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Orlando Drug Paraphernalia Charges
Definition Of Drug Paraphernalia
Drug Paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, re-packaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Florida Statutes. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances.
(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.
(f) Miniature cocaine spoons, and cocaine vials.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air-driven pipes.
(m) Ice pipes or chillers.
(n) A cartridge or canister, which means a small metal device used to contain nitrous oxide.
(o) A charger, sometimes referred to as a “cracker,” which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container.
(p) A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister.
(q) A whip-it, which means a device that may be used to expel nitrous oxide.
(r) A tank.
(s) A balloon.
(t) A hose or tube.
(u) A 2-liter-type soda bottle.
(v) Duct tape.
In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object, in time and space, to a direct violation of this act.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
Definition Of Possession
Possession of drug paraphernalia may be actual or constructive. Actual possession means the drug paraphernalia is in the hand of or on the person, or the drug paraphernalia is in a container in the hand of or on the person, or the drug paraphernalia is so close as to be within ready reach and is under the control of the person. Mere proximity to drug paraphernalia is not sufficient to establish control over that drug paraphernalia when the drug paraphernalia is not in a place over which the person has control. Constructive possession means the drug paraphernalia is in a place over which the person has control, or in which the person has concealed it. If the drug paraphernalia is in a place over which the person does not have control, in order to establish constructive possession the State must prove beyond and to the exclusion of every reasonable doubt the person’s control over the drug paraphernalia, knowledge that the drug paraphernalia was within the person’s presence and knowledge of the illicit nature of the drug paraphernalia.
In order for the State of Florida to prove you committed a crime, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Where was the drug paraphernalia located?
- How many people had access to where the drug paraphernalia was located?
The United States Constitution and the Florida Constitution both guarantee that people be free from unreasonable seizures and searches. An unlawful stop and/or seizure may cause evidence in your case to be inadmissible. An unlawful search in your case may cause evidence to be inadmissible. The United States Constitution and the Florida Constitution both also guarantee that people be free from self-incrimination. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you stopped and/or seized for a lawful reason?
- Did the police officer have the right to search your person, property or vehicle?
- Were you read your Miranda rights?
Orlando Possession of Drug Paraphernalia Penalties
A conviction for a possession of drug paraphernalia can result in many different penalties. It is important for you to know what penalties you may be facing for a drug paraphernalia charge. Possession of Drug Paraphernalia is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine. Some penalties for a drug paraphernalia conviction may include:
- Time in Jail
- Drug Counseling
- Random Drug Testing
- Community Service
- Cost of Investigation
- Cost of Prosecution
- Court Costs
Orange County Possession Of Drug Paraphernalia Pre-Trial Diversion Program
This is a deferred prosecution program for possession of drug paraphernalia charges and for selected individuals. This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections. Successful completion of the Orange County Misdemeanor Pretrial Diversion Program will result in the dismissal of your possession of drug paraphernalia charge(s) by the Office of the State Attorney.
- You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
- You must be a legal resident of the United States.
- You must have no more than one prior misdemeanor conviction.
- Your charge(s) must have no more than $1,000 in restitution.
- You must be approved by the Office of the State Attorney.
- Program length is 12 months
- Program cost is $600
- Program intake fee is an additional $20
- Program drug testing fee is an additional $17
- Program phone reporting fee is an additional $6-$7 per month
- Program Office of the State Attorney fee is an additional $100
- You must perform a minimum of 40 hours of alternative community work service
- You must obtain a substance abuse evaluation and complete any recommended treatment.
- Participate in random observed urine screens.
- You are responsible for any additional costs for classes and evaluations.
*Program fees and costs are subject to change without notice*