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.