In Florida, drug crimes are tried harshly and can result in extremely negative consequences, especially without top-notch representation from a drug crimes defense attorney in Clearwater with Russo, Pelletier & Sullivan.
Can Paraphernalia Lead to a Possession Charge?
The possession of paraphernalia is a first-degree misdemeanor in Florida. It can result in up to one year of imprisonment and a fine of up to $1,000 and can be charged on its own or added to an existing drug possession charge. However, with a strong defense strategy, your Clearwater drug defense attorney with Russo, Pelletier & Sullivan can potentially have your possession charge reduced or dropped.
Defending Against Possession Charges
Lack of Evidence of “Possession”
One possible defense strategy is to argue that the paraphernalia in question was not directly linked to you. For example, if the items were found in a shared space or vehicle, it may be difficult for the prosecution to establish ownership or control beyond a reasonable doubt. By demonstrating the lack of knowledge of the presence of the contraband, your attorney may weaken the prosecution’s case against you.
Fourth Amendment Protections
Another aspect to consider in possession cases is the legality of the search and seizure that led to the discovery of the paraphernalia. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the paraphernalia was obtained through an illegal search, your attorney can file a motion to suppress the evidence, arguing that it should be deemed inadmissible in court.
Contesting Intent
Intent is a fundamental element in possession cases. To secure a conviction, the prosecution must prove that you knowingly possessed the paraphernalia and intended to use it for unlawful purposes.
However, intent can be challenging to establish as there may be legitimate reasons for possessing certain items. Your attorney can argue that you were unaware of the paraphernalia’s presence or that it belonged to someone else, therefore negating any possibility of intent.
Trust Russo, Pelletier & Sullivan for Recognized and Trusted Drug Crime Representation
If you are facing possession charges related to drug paraphernalia in Pinellas County, you should seek the assistance of an experienced drug crimes defense attorney in Clearwater with Russo, Pelletier & Sullivan.
We have a strong track record in defending against drug crimes. To speak with one of our drug defense attorneys in Clearwater, call our office today at (727) 493-9386 or complete our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.