Possession of a Digital Scale: Can It Be Used as Evidence in a Florida Trafficking Case?
There are many reasons why someone might want to carry a digital scale. Some coffee enthusiasts use scales to measure out the perfect amount of coffee for a consistent brewing experience. Chefs and culinary professionals might also want to take digital scales to work in order to accurately measure out ingredients. Of course, drug traffickers also rely on scales – but does possessing one of these devices automatically lead to a trafficking conviction? The answer is not always clear in Florida.
Prosecutors Often Cite the Presence of Digital Scales in Drug Cases
On November 30th, it was reported that a drug trafficker had been sentenced to over seven years in prison for distributing cocaine and meth. He had previously pleaded guilty to the offense, and he admitted to participating in a drug trafficking conspiracy. A key piece of evidence in this case seems to have been the presence of a digital scale, which was recovered alongside various quantities of drugs and plastic baggies from the defendant. Digital scales are frequently used as evidence in these cases.
Will I Go to Jail for Possessing a Digital Scale?
The possession of a digital scale is not illegal. However, if police discover it alongside other evidence, the prosecution may use it as they attempt to convict the defendant. In the previous case, the presence of drugs and baggies helped prosecutors imply that the scale was also used to traffic drugs. In other cases, however, the connection between a scale and any alleged trafficking is not always clear.
Possession of drug paraphernalia is a first-degree misdemeanor in Florida, which means that you may spend up to 12 months in jail after a conviction. But what exactly is the definition of drug paraphernalia? There are several factors that the court may consider when determining whether the digital scale should be defined as drug paraphernalia:
- Whether there is clear evidence to suggest the scale was used to weigh drugs
- Whether there was a legitimate, legal use for the scale
- The physical proximity between the scale and any drugs discovered
- The presence of drug residue on the scale
- Photos or videos depicting the scale being used to weigh drugs
Details Matter in Drug Trafficking Cases
Minor details such as the presence of a scale can have a considerable influence on the outcome of drug trafficking cases, and it can mean the difference between a felony and a misdemeanor. Defense strategies should take into account all of these details for best results.
Find a Qualified Drug Trafficking Defense Attorney in Fort Lauderdale
If you’ve been searching for a qualified, experienced Fort Lauderdale criminal defense attorney, look no further than Haber Blank, LLP. No matter what kind of evidence you are currently facing in your drug trafficking case, it is possible to develop an effective defense strategy. Reach out today to discuss the possibilities in more detail.