Cocaine is a Schedule II controlled substance in Florida, which is illegal to possess in any quantity. Possessing up to 28 grams of cocaine is a third degree felony.
Schedule II drugs can cause severe psychological and/or physical dependence, which is why they have a high risk for potential abuse and are only used sparingly as medical treatment.
Possessing 28 or more grams of cocaine is considered trafficking, and will be prosecuted as Trafficking in Cocaine. A trafficking charge does not require all 28 or more grams to be pure cocaine; as long as the substance weighs more than 28 grams and contains some amount of cocaine, you can be charged with trafficking cocaine in Florida.
Possession of up to 28 grams of cocaine is a third degree felony in Florida, punishable by up to:
At Aaron Delgado & Associates, we are highly experienced with defending cocaine possession charges. There are many possible defenses for cocaine possession that we may be able to take, such as:
If the cocaine was found in an area that at least one other person had access to, it would fall under the law of constructive possession. With constructive possession, the prosecutor must meet a burden of proof before you can be convicted of possession of cocaine. The prosecutor has to prove that you had (1) knowledge of the cocaine’s presence, and (2) dominion and control over the cocaine.
There are numerous scenarios where our drug crime lawyers are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of cocaine in Florida.
It’s not uncommon for law enforcement to coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug crime lawyer is able to prove that the evidence against you was obtained illegally, the court will suppress the evidence.
You may also be able to suppress evidence if you were arrested without probable cause or if a search warrant of your person or property was obtained in bad faith.
If you are able to prove that you did not know you were in possession of cocaine, you may be able to get out of the charge. However, you will need to testify to your lack of knowledge about the illegal nature of the substance.
You will be able to use the legal disposal defense if the following are true:
If you needed medical assistance for a drug-related overdose or were assisting someone who needed such medical assistance, and your attorney can prove that the evidence against you was obtained as a result of that need for medical assistance, you will be immune from prosecution for a possession of cocaine charge.
If you take possession of cocaine for any amount of time—without taking ownership, complete dominion, and control over the cocaine—you are not legally “in possession” of the cocaine.
You might be temporarily in possession of cocaine if another person asked you to hide the cocaine for them during a police encounter; if you temporarily held the cocaine to test it prior to a drug dealer purchasing it; or even if you passed the cocaine from the owner to a third party.
If you or a loved one have been charged with possession of cocaine in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime attorneys are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight a possession of cocaine charge.