How to Beat a Drug Paraphernalia Charge in Orlando: The “Knowledge” Defense

By: John Guidry II

There are many ways to beat a drug paraphernalia case, but a common and powerful defense strategy is to attack the “knowledge element.” After all, the crime of possession of drug paraphernalia often involves perfectly legal items. I’ve seen paraphernalia cases built around common kitchen items, like Ziploc baggies or digital scales.

If a small baggie once held a controlled substance and now only contains a white powder residue, that baggie can be considered drug paraphernalia, a first-degree misdemeanor. But for you to be convicted, the State must prove that you knew of the item’s illicit nature.

Charged with Possession of Drug Paraphernalia in Central Florida? The State must prove what you knew, not just what they found. Call my office to discuss how we can challenge their case. Call John Guidry: (407) 423-1117

The Key to Your Defense: Proving a Lack of Knowledge

The “knowledge” element becomes the key to the defense when an innocent person is charged. This happens frequently when a person is driving someone else’s car. A parent or grandparent may have no idea what a certain item is or that it was used for drugs, yet they can be arrested if a police officer finds it during a traffic stop. This is how these cases arise, nine times out of ten.

Casting doubt on the State’s ability to prove your knowledge is how we can win the case.

A Real-World Case Study: The Bob Marley Grinder

I once handled a case where a young man left his marijuana grinder in his mother’s car. The mother had no idea what a “grinder” even was, but she was arrested and charged with possession of drug paraphernalia. To make matters worse, the grinder had a large Bob Marley graphic on the lid. To law enforcement, this graphic was further proof of its use with illegal marijuana.

Still, we won the case. Here’s how: I went to the police evidence locker and photographed the grinder. It was clean—there was no visible marijuana residue, and it did not smell like marijuana. I successfully argued that there was absolutely nothing about the grinder that would have put the mother on notice as to its illicit nature. A graphic of a musician is not enough to prove a person knew an item was used for drugs.

The result: Case Dismissed!

If you want to beat a drug paraphernalia case, you must have an attorney who knows how to effectively argue this knowledge element. My name is John Guidry, and if you’re facing a possession of drug paraphernalia case in Orange, Seminole, or Osceola County, give me a call. I’ve been defending these exact types of cases here since 1993. Let’s see if we can help you out.a case in Orange, Seminole, or Osceola County, give me a call, let’s see if we can help you out. Thanks for reading, take care.

Author Bio: John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.