Defendant Pulled Over for Traffic Violation had Crack Cocaine on his Seat; Arrested on Felony Possession of Cocaine Charge

The Charges

The Police stopped a vehicle for illegal window tint. The Driver consented for Officers to search the vehicle.The Police found a marijuana roach and seeds on the passenger floorboard. A pat-down search of the passenger revealed a bag of crack cocaine and a crack pipe. Police arrested the passenger and charged him with Possession of Marijuana, Possession of Cocaine, and Possession of Paraphernalia.

Possession of Cocaine and Paraphernalia

Possession of cocaine and paraphernalia in Florida is a first-degree misdemeanor.   Penalties for possession of cocaine and paraphernalia include up to 365 days in jail, 12 months of probation, and a fine of $1,000. During probation, the offender will need to submit to random drug testing and could also be required to enroll in a drug evaluation and treatment program. 

Drug paraphernalia is defined as any products, materials, and equipment used or designed for growing, harvesting, producing, preparing, testing, compounding, analyzing, packaging, storing, repacking, ingesting, inhaling, injecting, transporting, concealing, or otherwise introducing a substance into the human body.  

Examples of drug paraphernalia include needles or syringes that are used to inject drugs into the human body, scales and balances that are used for weighing drugs, blenders, bowls and spoons that are used for compounding substances, and various pipes (wooden, acrylic, metal, plastic, glass, stone, etc). 

Defenses to Possession of Cocaine and Paraphernalia Charges

Criminal defenses that can be used for possession of cocaine and paraphernalia include the following:

• Illegal search and seizure - law enforcement did not complete the search legally
• Temporary possession - the offender was holding onto the drugs for someone else temporarily, so, therefore, they were not in dominance or control of the drugs
• Overdose defense - if the person was overdosing and needed medical attention, they are exempt from prosecution from the possession of cocaine and paraphernalia
• Constructive possession - drugs/paraphernalia were found in a location where more than one person had access to it.

Hiring Legal Services

If you or someone you love has been arrested for possession of cocaine and paraphernalia, it is in your best interest to hire an attorney. At Musca Law, we have represented many against such charges, as well as against a wide range of other similar charges  We will listen to your side of the story so that we can put together a strong defense that is strategic and well thought out for you and your specific circumstances. With over 150 years of combined experience within our firm, we are confident in our ability to help our clients reduce or dismiss the charges they face. We pride ourselves on taking phone calls 24 hours per day, and we serve the entire state of Florida so that we can offer geographically convenient serves to all of our clients across the state. We offer a free initial case consultation to determine how our services may best support you. Don’t hesitate to call us today at (888) 484-5057 to speak with one of our experienced criminal defense attorneys!  

RESULTS: The Client was facing felony charges. The Musca Law Defense Attorney deposed the Arresting Officers prior to trial and found discrepancies in their statements. The Defense persuaded the State to DROP the Possession of Marijuana Charge. The remainder of the case went to Court and the Defense prevailed. The Judge ruled no formal finding of guilt on the charges of Possession of Cocaine and Paraphernalia.