Okaloosa County Drug Paraphernalia Charges

What is Paraphernalia?

If you are arrested for drug possession one of the ad on charges oftentimes is possession of drug paraphernalia. To determine whether this charge is valid or not your attorney needs to know certain facts. These facts and circumstances can be crucial in the outcome of your case. The legal code for the State of Florida says:

• 893.146 Determination of paraphernalia.—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.

These rules apply in all of Florida, including Okaloosa County, and the cities of Destin, Niceville and Crestview. No matter which police agency arrests you, the charges filed are the same.

Additional Charges

Simply using or possessing drug paraphernalia is just one facet of possible criminal charges. If circumstances exist, you may be charged with manufacture or delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, transportation of drug paraphernalia, advertisement of drug paraphernalia or other related charges. Ordinary everyday objects placed in the context of illegal drugs can be considered drug paraphernalia. If no pre-existing need for the objects exists, a determination of legitimate drug paraphernalia maybe the outcome.

All of this means that your alleged paraphernalia, depending on circumstances, proximity, intended use, and other related materials may determine whether you are property can be considered drug paraphernalia.

Even if you are convicted of a drug possession charge, a drug paraphernalia charge can be dismissed depending on extenuating circumstances. Don’t let the court runaway with your charges, and tack on additional punishment, if you are not guilty.

There are numerous cases where possession of drugs does not indicate use. The drugs may have fallen out of your friends pocket while they were traveling in your car, or spending time at your house. First and foremost it is important to defeat drug possession charges but if drug paraphernalia charges have been filed they can often be dropped or minimized depending on whether the previous conditions have been met.

Contact an attorney today

if you are charged with drug paraphernalia or drug possession charges or any other criminal charges related to drugs, you need the expertise of a criminal defense attorney that specializes in drug charges. Sherry Ivey Jones defends only criminal cases and has extensive experience dealing with drug charges and drug paraphernalia charges. She practices only in Escambia, Okaloosa, Santa Rosa, and Walton counties. Contact Sherry today for your free consultation at (850) 934-6554 or email her at sherry@sijoneslawfirm.com.