Legal Question in Criminal Law in Florida

i was arrested in school for a glass pipe that was found in my book bag, i was charged with the posssession of paraphernalia. The reason for the search was, myself and two others were called to the principals office in regards to being in the area of a girls bag that was stolen 2-3 weeks before, after calling the s.r.o for the school and he acknowledged that there was no proof on the tape he proceeded to search us all and tell us to take out of our bag whatever was in there after taking everything out my bag the assistant principal checked the other two bags and upon searching my bag he took out the pipe in question. One of the other boys that were searched was found with rolling papers but not arrested. and bare in mind the pipe in question was not mine nd i had never seen it before that day


Asked on 11/10/10, 7:01 am

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

You may have some defenses. You really need to consult an attorney in yoyr area. A pipe, or any other otherwise legal item, cannot be drug paraphernalia unless it can be associated with the use of an illegal drug. In a case such as yours, that would require traces of a drug being found on the pipe, you beingcaught in actual use of the pipe, or you in possession of an illegal drug that could be used in the pipe. You can also claim someone else put the pipe in your bag, but that requires a little explanation from you.

As I said initially, you should consult an attorney.

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Answered on 11/15/10, 7:14 am


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