Possession Paraphernalia Defense Strategies

Summary

In Florida, clean drug tests can support your defense against possession of paraphernalia charges but may not be enough alone. Consider demonstrating coercion, such as threats from law enforcement, using body cam footage or witness testimonies. If your public defender is uncooperative, you can request a continuance to gather more evidence or seek a new public defender. Act quickly to ensure a fair trial, and consider representing yourself temporarily to request a continuance if necessary.

Full Conversation

I’ve been charged with possession of paraphernalia. My trial is this coming Friday. I received the notice to appear at the end of June. I’ve been off drugs since January and can prove that because I have to take a urine test once a month for my psychiatrist because I’m on suboxone and have tested clean every month. There were three of us there when the event occurred. The officer threatened to take all of to jail unless someone said it was theirs. Of the three of us I was the best candidate so under threats duress and coercion I said it was mine so none of us had to go to jail. Do you think that my clean urine tests are enough to prove that it wasn’t mine?
Your clean urine tests can be helpful, but they might not be sufficient on their own. You may need to demonstrate the coercion and duress you faced.
Which state are you in? This will help me provide more specific information about your legal options.
Florida
In Florida, the following might be helpful for your defense:
- The defense of duress can be argued if you can prove you were coerced into admitting possession.
- Clean urine tests can support your claim but won't solely exonerate you.
- Witnesses can attest to the coercion you experienced.
Have you considered speaking to a public defender or hiring a defense attorney?
I have a public defender. The two others that I could use as witnesses the state is using them already.
Given your situation, ****, it's crucial to focus on demonstrating the duress and coercion you faced. Your clean urine tests can support your defense, but you'll need more:
- The public defender should challenge the credibility of the officer's threats.
- Consider any other evidence or witnesses that can corroborate your claim of duress.
Have you discussed potential strategies with your public defender?
It seems to me like the threat of being taken to jail would be enough. The only way to show that would be the officers body cam.
In your situation, the officer's body cam footage could be crucial. This footage might help demonstrate the coercion you faced. Have you or your public defender requested the body cam footage from the event?
My public defender says that because I admitted to it being mine I’m screwed and wants me to come up with my own defense
It sounds like you have a basis for a strong defense. Here are some steps that might help:
- Request the body cam footage through your public defender or via a court motion.
- Gather any other evidence that might show coercion.
- Consider seeking a second opinion from another lawyer if possible.
Would you like more information on how to request body cam footage?
What kind of evidence would show coercion
To show coercion, consider gathering the following types of evidence:
- Officer's Body Cam Footage: May capture the officer's threats.
- Witness Testimony: From any neutral party present during the event.
- Documentation: Any written or recorded evidence of threats.
- Behavioral Evidence: Any immediate actions or behavior displaying distress or fear.
Would you like more details on how to request body cam footage?
Well my trial is Friday I don’t know if that’s enough time to really do much. I don’t even think my public defender has deposed my witness
It seems you have a strong basis for a defense, but time is tight. Here are some urgent steps:
- Request a Continuance: Ask your public defender to request a trial postponement to gather necessary evidence.
- Body Cam Footage: Demand the footage immediately.
- Witness Testimony: Ensure your public defender deposes witnesses.
Would you like more information on requesting a continuance or any other urgent actions?
You don’t think that evidence of me being clean would be enough to persuade a jury that the paraphernalia wasn’t mine?
Case Rating: *.
Your clean urine tests can support your defense but might not be enough alone. Here are some key points:
- Clean tests show a pattern of behavior, but don't directly address possession at that moment.
- Focus on coercion evidence: body cam footage, witness testimonies (if possible), and any other documentation.

Have you considered pushing your public defender to request a continuance to gather more evidence?
No I havent
****, given your trial is this Friday, time is indeed tight. Here are urgent actions to consider:
- Request a Continuance: Push your public defender to request a trial postponement immediately.
- Demand Body Cam Footage: Insist on obtaining the footage.
- Ensure Witness Testimonies: Confirm if witnesses have been deposed.
Would you like more information on how to request a continuance?
He won’t ask for a continuance. He told me that he’s not risking his license and that if I want to take this to trial then I will be representing myself.
****, it sounds like a challenging situation. If your public defender won't request a continuance, you may consider representing yourself temporarily to request it or seek another public defender's assistance. Would you like information on how to represent yourself to request a continuance or find another public defender quickly?
Yes please
You can represent yourself to request a continuance. Here's how:
*. Prepare a Motion for Continuance: Write a formal request to the court explaining your need for more time to gather evidence.
*. File the Motion: Submit it to the court clerk.
*. Present Your Case: Be ready to explain your reasons clearly to the judge.
Would you like a sample motion or more details on finding another public defender?
Thank you
****, it's crucial to act swiftly given your trial date. Below is a sample motion for continuance you can use:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Court's Name]
[Court’s Address]
[City, State, ZIP Code]
RE: Motion for Continuance
Case No.: [Your Case Number]
Judge: [Judge’s Name]
Dear Judge [Judge’s Name],
I am requesting a continuance for my trial currently scheduled for [Trial Date]. Due to the following reasons, I need more time to prepare an adequate defense:
*. Gathering Evidence: I need time to obtain crucial body cam footage from the arresting officer, which may demonstrate coercion.
*. Deposing Witnesses: My public defender has not deposed essential witnesses who can testify about the events leading to my arrest.
*. Personal Representation: As my public defender has withdrawn, I require time to either find new representation or prepare to represent myself.
Thank you for considering my request.
Sincerely,[Your Name]
---
Submit this to the court clerk promptly.
Would you like more details on finding another public defender quickly?
Thank you
****, it’s great you’re taking steps to defend yourself. Here’s how you can quickly find another public defender:
- Contact the Public Defender's Office: Request a new defender due to current defender's refusal.
- Provide Documentation: Share your case details and urgency.
Would you like more details on how to contact the Public Defender's Office?
Yes please
****, contacting the Public Defender's Office quickly is crucial. Here's how to proceed:
*. Call the Public Defender's Office: Explain your situation and request a new public defender due to your current one’s refusal.
*. Visit in Person: If possible, go to the office to expedite the process.
*. Provide Documentation: Bring your case details and any supporting documents.
Would you like a phone number or address for the Public Defender's Office?
Thank you
****, it’s important to act quickly. Here’s how you can contact the Public Defender's Office in Florida:
~Public Defender's Office for Florida~
Phone: (*) *-*
Would you like more specific details on what to say when requesting a new public defender?
Please
****, when you contact the Public Defender’s Office, here's what to say:
*. Introduce Yourself: State your name and case number.
*. Explain the Situation: Briefly explain that your current public defender refuses to request a continuance and has withdrawn.
*. Urgency: Emphasize the urgency due to your upcoming trial date.
*. Request: Ask for immediate reassignment to a new public defender.
Would you like more assistance on what to include when you visit the office in person?
No thank you
****, it’s important to act quickly to ensure you have a fair trial. Good luck with your steps, and if you need further assistance, feel free to reach out.