Possession of Cocaine in Florida
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We are your Possession of Cocaine Defense Lawyers in Florida
In Florida, cocaine is considered a “Schedule 2” controlled substance.
A person that is found to be in possession of cocaine commits a third degree felony, punishable by up to five (5) years in prison or five (5) years of probation, and a $5,000 fine. A conviction for cocaine possession will furthermore lead to a two-year Florida driver’s license revocation.
Proving Possession of Cocaine in Florida
In order to prove Possession of Cocaine in Florida the prosecution must establish three (3) elements beyond a reasonable doubt:
- The Defendant possessed a certain substance (actual or constructive possession);
- The substance was cocaine;
- The Defendant had knowledge of the presence of the substance.
What is Actual vs. Constructive Possession in Florida Possession of Cocaine Charges
Actual possession means the cocaine is “in hand” or within ready reach and the defendant has the cocaine under his control. Constructive possession of cocaine occurs when the defendant knows the cocaine is within his presence and has the ability to maintain control over it.
Defenses to Cocaine Possession Defense in Florida
Possession of Cocaine is highly defensible charge. No person should attempt to resolve their case without first consulting with a Florida criminal law attorney.
The defenses available in cocaine cases may be legal and factual in nature.
Common Possession of Cocaine Defenses in Florida
Common legal defenses to a Possession of Cocaine charge can include: lack of probable cause or reasonable suspicion for a search, unlawful canine searches, absence of a warrant, defective warrant, unlawful execution of a search warrant, absence of probable cause to obtain a warrant, stale information forming the basis of the warrant, exceeding the scope of the search authorized by the warrant, invalid consent to search, coercive “knock and talk”, constructive entry during knock and talk, exceeding the scope of a consensual search, unlawful arrest or detention, absence of exigent circumstances, controlled substances not in plain view, warrantless search within the curtilage of a residence, Miranda violations, 5th and 6th amendment right to counsel violations, overly broad search incident to arrest, overly broad protective sweep, and use of unlawful police tactics constituting a “search.”
Early Negotiation is Critical in a Possession of Cocaine Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged with possession of cocaine cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and possession of cocaine charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
We want to hear your story, and share ours.