If you want to increase you chance of a dismissal of your Orlando drug paraphernalia charge, hire an Orlando criminal defense lawyer with experience and a proven track record for success in cases like yours. Attorney N. Fleetwood Tilden has prosecuted and successfully defended over 1,000 criminal drug and paraphernalia charges in his 20 plus years of criminal law practice. Let his experience work for you. Contact Tilden Law today for a free initial case evaluation to determine your best drug paraphernalia defense.
What is Drug Paraphernalia Possession in Orlando
Chapter 893.147 of Florida Statutes defines Drug Paraphernalia as: Any type of equipment, products, and materials of any kind which are used, intended for use, or designed for use in concealing, ingesting, inhaling, storing, transporting, manufacturing, growing, cultivating or planting, any controlled substance. Some of the more common forms of drug paraphernalia include:
- Rolling Paper
- Plastic Baggies
- Roach Clips
- Soda Cans
- Rolled-up Money
Typically, drug paraphernalia possession is a secondary charge to possession of marijuana, possession of cocaine and other Orlando drug possession crimes.
How Tilden Law Defends Your Orlando Drug Paraphernalia Possession Charge
There are several statutory and factually driven defenses to possession of drug paraphernalia that may apply in your case. The facts of your case may lead to the filing of pretrial motions to suppress or motions to dismiss that will lead to the dismissal of your Orlando paraphernalia charge. Attorney N. Fleetwood Tilden handles every aspect of your case personally to ensure that you achieve the best possible outcome. Listed below are some of the
- Where was the drug paraphernalia found in connection to your location
- Was the drug paraphernalia in plain view of the police
- If Paraphernalia was found after a search of you, was the search lawful
- Were you in actual possession or constructive possession
- Did law enforcement have a legal basis to detain you
- If there was a search warrant, was it issued properly
- Was consent given to search
- Were you read your rights before or during questioning
- Does the pot belong to another passenger in the car
Criminal Penalties if Convicted of Possession of Drug paraphernalia in Orlando?
Regardless of the number of prior criminal arrests, charges or convictions, possession of drug paraphernalia is a first degree misdemeanor. The sentence can include:
- Withholding of adjudication (non-conviction) or Adjudication of guilt (conviction)
- 1 year county jail
- 1 year supervised county probation
- $1,000.00 fine plus court costs
- Community service hours
- Random urine tests at individuals expense
- Drug evaluation to determine dependency
- Mandatory counseling if recommended
- Permanent criminal record if Adjudicated guilty
Can I Expunge or Seal an Orlando Drug Paraphernalia Possession Charge
The short answer is yes. Assuming that you otherwise meet the statutory requirements, drug paraphernalia charges are not precluded from petitioning for a criminal record sealing or expungement. Contact Tilden Law today to see if your Orlando possession of drug paraphernalia case qualifies to either be expunged or sealed.
Link to FDLE site for requirements
Pre-Trial Diversion for Drug paraphernalia Possession Charges
The Orange County court system in Orlando as well as the Seminole County court system provides to availability of pretrial diversion (PTD) for some first time drug paraphernalia possession offenses. The requirements for this deferred prosecution program will vary from county to county and will be administered by the county probation department. While each case is unique, a typical Pretrial Diversion program will include:
- 12 months supervision
- Program cost
- Random drug testing at individuals expense
- Community service hours
- Drug dependency evaluation with treatment if indicated
- Costs to State Attorney, Intake, and phone reporting
The Pretrial diversion program is designed to educate the participant and to help prevent future criminal offenses. Once all the program conditions have been successfully completed and the supervision time has expired, the State Attorney’s office will then file a dismissal of your Orlando or Seminole County drug paraphernalia possession case.
Contact Criminal Defense Attorney N. Fleetwood Tilden – Free Initial Consultation
Criminal Defense Lawyer N. Fleetwood Tilden fights for clients in Orange County and Seminole County.
Call 407.599.1234 to speak with a highly experienced Central Florida attorney.