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Charged with Possession of Cocaine in Florida?

Orlando Defense Dec. 3, 2021

Seek Advice Right Away From An Experienced Florida Drug Crime Lawyer

The state of Florida is tough on drug crimes. Even though many states have relaxed their drug possession laws, Florida prosecutors fight hard to put people in jail. You need a fighter, too.

If you have charges for possession of cocaine in Florida, you need a tough and aggressive defense lawyer on your side.

What Is The Penalty For Cocaine Possession?

The first question people ask when they meet with a lawyer about their charges is, Can I go to jail? That makes sense—it’s an important question. You certainly need to know if possession of cocaine can lead to jail time. 

You may be shocked to learn that under Florida’s cocaine laws possession of cocaine is always a felony, even if the police only found a small amount. For simple possession of cocaine, you could get a maximum of five years in prison and a $5,000 fine. 

If the police find you in possession of more than 28 grams of cocaine, you could be charged with trafficking and face a much more serious sentence. Also, the state will suspend your driver’s license for one year as a consequence of any drug possession conviction.

And the judge always has the option of ordering you to serve probation or undergo drug treatment. 

What Defenses Do You Have For Cocaine Possession Charges?

No two cases are alike. However, the team at Orlando Defense has seen a wide variety of cases over the past two-plus decades. Regardless of the facts, the chances are high that we have handled a case similar to yours.

There’s no one best way to defend a case. In fact, the best defenses attack the prosecution’s case from all sides. For instance, you can attack the actions of police if they violated your rights. The judge must throw all illegally seized evidence out of court.

You can also argue that you didn’t have possession of the drugs. Possession does not mean ownership. Possession is a legal term that means someone had knowledge of – and control over – an item for a period of time. 

Florida law recognizes two types of possession. The first is actual possession. For example, you have actual possession of cocaine if it is in your pants pocket. 

The second theory of possession is constructive possession. People face charges of constructive possession of cocaine often. That happens when police search a car and find drugs on the floor, in the glove box, or in the trunk of a car.

No one has actual possession of the drugs. But if you know the drugs are there and have the intent to control them, then you have constructive possession. However, if you didn’t know the drugs were there or did not have control over them, then you may beat the charges. 

Experience Matters

As you can see, the stakes for cocaine charges in Florida are high. That’s why you need a lawyer who has over 26 years of experience defending the rights of people charged with drug crimes in Florida. Don’t just take our word for it. We want our results to speak for us. 

Contact Orlando Defense's drug crimes lawyer today online or by calling. Our team is ready to defend your freedom.