Defense Firm For Use or Possession of Drug Paraphernalia Charges In Fort Walton Beach, Destin & Elsewhere In Okaloosa County
In Okaloosa County, Florida, there are two elements that the prosecution must prove beyond a reasonable doubt in order for you to be convicted after an arrest for Use or Possession of Drug Paraphernalia (Florida Statute 893.147(1)).
One, that you used or possessed the drug paraphernalia, and two, that you had knowledge of the presence (and illegal or illicit nature) of the drug paraphernalia.
Possession is defined as: “to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.” There are two types of possession: actual and constructive.
Actual drug possession means that the item of contraband is either in your hand or on your person, or otherwise so close as to be within ready reach and under the (exclusive) control of that person. Constructive possession means the drug paraphernalia is in a place over which the defendant has (exclusive) control, or it is in a place where it can be proven that the defendant concealed it.
Here’s the two areas I hit hard when defending these charges:
- Mere proximity the the drug paraphernalia is NOT ENOUGH to prove actual possession.
- Constructive possession is difficult to prove unless the Defendant admits to the crime. A statement of guilt may be the only way the prosecutor could prove that you had knowledge of the drug paraphernalia.
If you or a family member is facing this charge in Destin, Fort Walton Beach or elsewhere in Okaloosa County, call me at (850) 362-6655. The call is free and we’ll discuss what I might be able to do.