Karatinos Law, PLLC

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Karatinos Law, PLLC
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Aggressive Representation in Criminal Defense and Personal Injury Cases

Tailored Defense Solutions from a Trusted Drug Paraphernalia Lawyer

There are many circumstances that could lead to a person facing drug paraphernalia charges in Florida. Whatever your situation, it is important to have a robust defense focused on preserving your future. Our Dade City drug paraphernalia charge attorney at Karatinos Law, PLLC, is ready to provide the effective legal strategies you need.

Attorney Keeley Karatinos is passionate about defending her clients. She never shies away from taking cases to trial. Her dedication to client care is reflected in the many long-term friendships she has formed with past clients. She is here to be your steadfast ally when you are facing drug paraphernalia charges in Pasco County, Hernando County or Sumter County.

What Constitutes Drug Paraphernalia in Florida?

Florida Statute § 893.145 defines drug paraphernalia. This definition is rather expansive. Under it, drug paraphernalia is any item connected to:

  • Drug use
  • Drug production
  • Drug manufacturing
  • Drug cultivation
  • Drug testing
  • Drug storage
  • The concealment of drugs
  • Similar drug activities

Examples of common types of drug paraphernalia include:

  • Pipes
  • Bongs
  • Rolling papers
  • Syringes
  • Scales
  • Grinders
  • Roach clips
  • Sifters

Certain everyday objects could be drug paraphernalia in Florida depending on how one uses them. This includes balloons, tubes and soda bottles.

What Types of Drug Paraphernalia Charges Could You Face?

Florida Statute § 893.147 prohibits a wide range of activities related to drug paraphernalia. Charges that could be brought include:

  • Possession/use: Having drug paraphernalia with the intent to use it. This is a first-degree misdemeanor.
  • Advertisement: Advertising drug paraphernalia. This is a first-degree misdemeanor.
  • Retail sale: Selling drug paraphernalia in a retail environment. This is a first-degree misdemeanor for a first offense and a third-degree felony for a subsequent offense.
  • Transportation: Using or intending to use drug paraphernalia in connection to the moving of drugs. This is a third-degree felony.
  • Manufacturing/delivery: Manufacturing or delivering drug paraphernalia or possessing it with the intent to do so. This is a third-degree felony.
  • Delivery to a minor: When a person 18 years of age or older gives drug paraphernalia to a person under 18. This is a second-degree felony.

Whatever charge you are facing, speaking promptly to an experienced criminal defense lawyer can help you understand your legal options.

Can You Be Arrested for Owning Drug Paraphernalia Without Drugs?

Yes. You could face a drug paraphernalia arrest even if no drugs are found on you or near you. It is true that the presence of drugs can be evidence of an object being an illegal drug device. However, it is not a required element of paraphernalia offenses.

What are the Penalties for Drug Paraphernalia Offenses In Florida?

What consequences you could face if convicted depends on the level of your charge. The maximum penalties are:

  • A year in jail and $1,000 in fines for a first-degree misdemeanor
  • Five years in prison and $5,000 in fines for a third-degree felony
  • 15 years in prison and $10,000 in fines for a second-degree felony

A skilled drug paraphernalia attorney can fight to minimize your exposure to such penalties.

Contesting Whether an Object is Paraphernalia

The broad definition of drug paraphernalia in Florida means many objects could be a drug use tool under the right circumstances. This creates the possibility of facing charges over items you have for legitimate reasons. When this happens, you may be able to pursue the defense option of arguing that the object is not drug paraphernalia.

Florida Statute § 893.146 outlines the factors courts and juries are to consider when determining whether a given item fits the definition of paraphernalia. Examples of such factors include:

  • What the owner has said about its use
  • What legitimate uses there are for the object
  • The nearby presence of drugs
  • Any drug residue on the object
  • Any instructions with the object
  • Any advertising regarding the object

An experienced drug paraphernalia attorney can craft defense arguments that carefully take these factors into account.

Arguing Lack of Intent

Generally, in drug paraphernalia cases, one of the things prosecutors have to prove is intent. The type of intent varies required based on the charge. Defense strategies for demonstrating lack of intent include questioning the prosecution’s interpretation of evidence and demonstrating alternative explanations for your actions.

Asserting That Your Rights Were Violated

Another potential defense avenue in drug paraphernalia cases is arguing that evidence should be thrown out due to a violation of your constitutional rights. Such violations can occur if police fail to follow proper protocols during:

  • Arrests
  • Searches
  • Vehicle stops
  • Interrogations
  • Other matters

A criminal defense attorney could conduct a thorough investigation to identify if authorities failed to respect your rights.

Finding The Right Approach

As the above sections illustrate, there are many potential options for contesting drug paraphernalia charges. What the right strategy would be for you depends on your situation. An experienced drug crime lawyer can analyze your case and build you a unique defense tailored to your objectives.

Reach Out Now for A Free Consultation

Turn to our firm for the trusted drug paraphernalia defense you need. Attorney Keeley is ready to assist you in English, Spanish or Russian. Connect with us now by filling out our contact form or calling 352-405-0537. We offer free in-person consultations.