Forming a Defense Against Possession Charges

While receiving a charge of possessing drug paraphernalia seems to indicate having an object at hand at the time of arrest, it can actually encompass a much wider field of possession. In addition to physical, or "actual," possession, you can also face charges on account of implied, or "constructive," possession.

The latter term can describe any situation where you have the knowledge of an object's presence as well as the ability to access it, even if it is not in your direct control. Other charges may be issued on the basis of intent to use an object for illegal purposes. These charges can be issued when paraphernalia is discovered in various circumstances.

The following circumstances can be used to indicate intent:

  • A witness is familiar with the item's use
  • The paraphernalia is found in close proximity to illegal drugs
  • The object contains traces of an illegal substance

If you have been charged under any of these circumstances, you may face a fine of up to $1,000 and up to a year in jail. Our attorneys can provide an ardent defense of your freedom, whether that means demonstrating your rights were violated in the process of search and seizure, or that you did not meet the conditions necessary to constitute possession of a substance. Whatever your circumstances, our Tampa drug crime attorneys can help you fight for a favorable outcome in your case.

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