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Fort Myers Criminal Attorney / Fort Myers Drug Paraphernalia Attorney

Fort Myers Drug Paraphernalia Attorney

Drug paraphernalia charges in Florida can be serious, with long-lasting consequences if not properly addressed. Whether you’re facing charges related to the possession, sale, or manufacture of drug paraphernalia, it’s crucial to understand the legal implications and your options for defense. Hollander & Hanuka Attorneys at Law is here to help you understand these offenses, know where you stand, and help you deal effectively with the charges against you. Contact us today to speak with a Fort Myers drug paraphernalia defense lawyer to protect your rights.

What Is Drug Paraphernalia?

Under Florida law, drug paraphernalia is defined as any equipment, product, or material that is used, intended for use, or designed for use in planting, cultivating, harvesting, processing, storing, or consuming illegal drugs. Common items categorized as paraphernalia include:

  • Pipes
  • Bongs
  • Grinders
  • Rolling papers
  • Syringes
  • Scales
  • Plastic baggies or containers used to store drugs

Florida Statute 849.135 governs drug paraphernalia offenses and outlines various scenarios where possession, sale, or distribution of paraphernalia could lead to criminal charges.

Possession of Drug Paraphernalia (Florida Statute 849.135)

Possession of drug paraphernalia is a common charge and often accompanies drug possession charges. Simply having an item considered drug paraphernalia, even without any drugs present, can lead to an arrest. To secure a conviction, the prosecution must prove that the paraphernalia was intended for use with illegal drugs.

Possession of drug paraphernalia is a misdemeanor, meaning if convicted of drug paraphernalia possession, you could face up to one year in jail, fines of up to $1,000, and a permanent criminal record.

These penalties may seem severe for possessing an everyday item that could also have a lawful use, such as a pipe or baggie. That’s why having a strong defense is crucial to avoid or minimize the penalties.

Sale or Manufacture of Drug Paraphernalia (Florida Statutes 849.136 and 849.137)

Under Florida law, selling or manufacturing drug paraphernalia is considered more serious than possession. Florida Statutes 849.136 and 849.137 address these offenses, with harsher penalties attached. If convicted, you could face higher fines, longer jail time, including potentially up to five years in prison, and felony charges, depending on the circumstances.

Law enforcement in Fort Myers and throughout Lee and Collier counties may pursue aggressive investigations against individuals and businesses they suspect of manufacturing or distributing drug paraphernalia. These investigations may involve undercover operations or sting operations aimed at head shops, convenience stores, or online vendors.

Defending Against Drug Paraphernalia Charges

There are several potential defenses to drug paraphernalia charges, and Hollander & Hanuka Attorneys at Law will work closely with you to develop the strongest possible defense. Some common defense strategies include:

  • Lack of intent: The prosecution must prove that the paraphernalia was intended for use with illegal drugs. If the items in question can be used for lawful purposes, your attorney may argue that there was no intent to use them for drug-related activities.
  • Illegal search and seizure: If the police obtained the paraphernalia through an unlawful search, your attorney may be able to challenge the evidence in court.
  • Mistaken identity: If you were not in possession of the paraphernalia or were not responsible for its sale or distribution, your attorney could raise a defense of mistaken identity.

Our Fort Myers criminal defense attorneys are familiar with challenging drug paraphernalia charges and will thoroughly investigate your case to find any weaknesses in the prosecution’s evidence.

Why You Need an Experienced Fort Myers Criminal Defense Attorney

Florida’s drug paraphernalia laws are complex, and the consequences of a conviction can be life-changing. If you’re facing charges under Florida Statutes 849.135, 849.136, or 849.137, you need an attorney who understands the intricacies of the law and can mount a robust defense.

At Hollander & Hanuka Attorneys at Law, we have extensive experience handling drug cases in Fort Myers. We are committed to protecting your rights, minimizing penalties, and achieving the best possible outcome in your case.

Contact Hollander & Hanuka Today

If you have been charged with possession, sale, or manufacture of drug paraphernalia, don’t wait to seek legal counsel. Contact Hollander & Hanuka today at 239-332-3300 for a free consultation. We will review your case, discuss your legal options, and work to secure your future.