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Potential Defenses to Cocaine Possession in Florida

Potential Defenses to Cocaine Possession in Florida

Posted By Parks & Braxton, PA || 7-Nov-2016

If you have been arrested and charged with possession of cocaine in Florida, you face a number of severe penalties, especially if this isn’t your first criminal offense. A conviction could result in up to five years in prison, up to $5,000 in fines, a two-year driver’s license suspension, and probation, which may include random drug testing, required employment or schooling, community service, drug treatment, and regular meetings with a probation officer.

However, just because you have been accused of this crime does not mean that you are guilty. There are a number of potential defenses that a qualified attorney may be able to apply to your case on your behalf. It is important to get in touch with a lawyer as soon as you have been charged in order to begin working on your case.

Common defenses to the crime of possession of cocaine are:

  • Constructive possession – If the cocaine was found in a place where more than one person had access, the prosecutor has the burden of proving that the defendant knew of the cocaine’s presence and that he or she had dominion and control over the drug. If he or she can’t, there can be no conviction.
  • Temporary possession – A person in temporary possession of cocaine is not considered to be in legal possession of the cocaine because the person never exercised complete control and dominion over the drug.
  • Lack of knowledge – If a person legitimately did not know that they substance they had in their possession was cocaine, they can testify to their lack of knowledge in court to prove their innocence.
  • Illegal search and seizure – If law enforcement improperly uncovers evidence from an illegal search, the defendant cannot be convicted of a crime.
  • Overdose defense – If evidence was obtained while a person was experiencing an overdose that needed medical assistance, that person is immune from prosecution.

Contact a Fort Lauderdale criminal defense attorney at Parks & Braxton, PA to talk about your cocaine possession charge. Consultations with our firm are provided free of charge, so schedule yours today to talk about any questions you may have as well as what legal defenses may apply to your case. After assessing your case, we can help you determine whether it is in your best interest to fight your charge or accept a plea deal. No matter what you decide to do, we’re here to protect you.

Fill out an online case evaluation form or call our office at (954) 519-2290.

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