Can I get a paraphernalia conviction expunged?
If the charge is dismissed or diverted, you may be eligible for expungement of the arrest record. If you received a withhold of adjudication, you may be eligible for record sealing. Eligibility depends on your specific circumstances and criminal history.
Will a paraphernalia conviction affect my driver’s license?
Yes. Like all drug convictions in Florida, a paraphernalia conviction triggers an automatic two-year driver’s license suspension under Florida Statutes Section 322.055, regardless of whether the offense involved driving.
Can a paraphernalia charge be dismissed?
Yes. If the evidence was obtained through an illegal search, if the prosecution cannot prove the item was intended for drug use, if residue testing is unreliable or unavailable, or if you successfully complete a diversion program, the charge can be dismissed.
How does the prosecution prove an item is drug paraphernalia?
The prosecution must prove, considering the totality of circumstances, that the item was intended for use with controlled substances. Factors include proximity to drugs, presence of residue, statements by the owner, expert testimony, and the item’s design. Many common items have legitimate uses, and challenging the prosecution’s characterization is a core defense strategy.
Is drug paraphernalia possession a felony in Florida?
Simple possession of paraphernalia is a first-degree misdemeanor. However, manufacturing or delivering paraphernalia is a third-degree felony, and delivering to a minor is a second-degree felony. All convictions trigger an automatic 2-year driver’s license suspension and create a drug-related criminal record.
Will a drug conviction affect my driver’s license?
Yes. Under Florida Statutes Section 322.055, any drug conviction triggers an automatic two-year driver’s license suspension, regardless of whether the offense involved driving.
What is constructive possession?
Constructive possession means drugs were found in a location you controlled or had access to. The prosecution must prove you knew drugs were present and could exercise control over them. Simply being near drugs in a shared space is not sufficient proof of possession.
Are drug diversion programs available in Martin County?
Yes. Drug court and pre-trial diversion programs allow eligible defendants to complete treatment instead of serving jail time. Successful completion typically results in charges being dismissed.
Can drug evidence be suppressed if the search was illegal?
Yes. The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence through an illegal stop, warrantless search, or search exceeding the scope of consent, your attorney can file a motion to suppress. If granted, the prosecution may be unable to prove its case.
What are the penalties for drug possession in Florida?
Penalties range from up to one year in jail for misdemeanor marijuana possession to up to five years in prison for felony possession of other controlled substances. Trafficking charges carry mandatory minimum prison sentences of 3 to 25 years. All drug convictions trigger a two-year driver’s license suspension.
