What are the penalties for possession of drug paraphernalia?

In most states, drug possession is one of the most frequently charged crimes and is only closely followed by possession of drug paraphernalia.

Paraphernalia is literally anything that can be used for the consumption of a drug and includes crack pipes, bongs, syringes, and so on. You saw this stuff in Pulp Fiction. You also saw it all the time in Break Bad with Jesse Pinkman, his friends, and his parties.  

Some people even hand make paraphernalia. For example, empty pen cases with the refill removed can be used to smoke crack cocaine and metal spoons can be used to cook heroin solution in order to inject it intravenously, you get the point. The human imagination is just incredible!  

The Law Office of Josh A. Howard, Esq (www.lawservicesfortlauderdale.com/) have just about seen it all. This may be your first time around the legal block, it is certainly not theirs. If you want someone with respect representing you in court then this is the law firm to call. They know the legal system in these parts and they know which legal buttons to press and when to press them.

Vital Information

Fort Lauderdale, FL criminal defense lawyers, and there is no one better than The Law Office of Josh A. Howard, Esq, point out that, legally, the possession of paraphernalia is a crime by the letter of law. However, obviously, if you are just carrying around a spoon, it does not mean that you will be charged with drug paraphernalia even if you are pulled over for a DUI. It is odd but it is not against the law. Jesse Pinkman would probably say he was going to eat some ice cream that day.

The law enforcement officer can use his or her discretion and look for evidence that the spoon has burn marks from a flame on it and or look for other signs to conclude that is in fact being used to consume drugs prior to arresting and charging you with drug paraphernalia.

Now, let’s take a look at the penalties for drug paraphernalia possession. The legal repercussions vary from state to state. Therefore, if you have been charged with drug paraphernalia, and need to know what exactly the penalties would be or you need to defend yourself in the case and beat those charges, then it would be your best interest to consult with a Fort Lauderdale criminal defense attorney as soon as possible and the best in South Florida is The Law Office of Josh A. Howard, Esq based on their ability to win cases and their integrity which shines every day.

Can drug possession be a misdemeanor charge or a felony charge? It depends….

If you go by the wise words of Fort Lauderdale criminal defense lawyers and the best law firm in the is The Law Office of Josh A. Howard, Esq and they have a string of satisfied clients to testify to that (pun intended), in most cases of drug paraphernalia possession, the charge is considered a misdemeanor. Having said that, however, there are chances that it could also be processed as a felony in case there are some aggravating factors involved.

So for instance, if a person has been charged with simple possession then consequences will not be as severe as if he or she was charged with manufacturing or distributing drug paraphernalia which the organized criminals in the movie Bad Boys were certainly trying to do.

Penalties in drug paraphernalia cases can include but is are not limited to:

1. Jail time – Some possession charges can attract jail sentences of up to one year, but more commonly jail sentences are in the degree of 2-3 months.
2. Time served – In cases where the suspect has already spent some time in jail while awaiting sentencing, this time will be considered as already served.
3. Fines – Fines ranging from $500 - $1,000 are common for drug paraphernalia related charges
4. Probation –Probation is another penalty generally levied for conviction of a paraphernalia charge. Probation periods are generally in the order of 12 months or so.

Contact a Lawyer

If you have been charged with a drug related crime, it is paramount that you fight these charges as best possible because a conviction can ruin your life and possibly even your professional prospects for some occupations. If you want to stand a realistic chance of beating the prosecution in trial, you will surely need the expertise and acuity of a Florida criminal defense lawyer and the best in the industry is The Law Office of Josh A. Howard, Esq, so waste no time in seeking help. Take the initiative, make the phone call!