If you have been charged with a cocaine crime in Florida, it is crucial to understand the potential penalties and take immediate steps to protect your rights. Immediately inform law enforcement officers that you wish to remain silent. Do not answer any questions without having your attorney present. A trusted drug defense lawyer understands the gravity of the situation you are up against, and the key actions to take to protect your rights and freedoms.
Clearly state that you want to speak with an attorney and have them present during any questioning. A Dr. Phillips cocaine lawyer could navigate the legal process and build the strongest possible defense. Your criminal defense attorney will investigate the case, review evidence, and determine if any constitutional rights were violated.
Cocaine charges and penalties are based on the quantity of cocaine involved and the nature of the offense, whether it’s possession, sale, or trafficking. Simple possession of any amount of cocaine is a third-degree felony, an offense punishable by up to five years in prison and a $5,000 fine. First-time offenders might be eligible for diversion programs or probation.
Possession with intent to sell is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. The sale of any amount of cocaine is a second-degree felony. However, selling cocaine within 1,000 feet of a school, park, or childcare facility increases the charge to a first-degree felony, with penalties up to 30 years in prison. Sale to a minor is also a first-degree felony with heightened penalties. Repeat offenders can face increased penalties.
Cocaine offenses, especially those involving large quantities or interstate activity, may also be prosecuted under federal law, which can carry even harsher penalties. A Dr. Phillips lawyer can help you understand your cocaine charge and leverage all available defenses to mitigate any criminal outcome.
Possession of 28 grams or more of cocaine is automatically considered drug trafficking. Penalties include mandatory minimum prison sentences and fines, which increase with the quantity of cocaine.
Florida has mandatory minimum sentencing laws, particularly for drug trafficking offenses, meaning judges are required to impose at least a certain prison sentence based on the quantity of the drug.
Facing cocaine charges can be daunting, but several potential defenses can be explored depending on the specifics of your case. If law enforcement conducted a search that violated your Fourth Amendment rights against unreasonable search and seizure, any evidence obtained, including the cocaine, might be inadmissible in court. This could involve situations where police lacked a valid warrant, probable cause, or exceeded the scope of a warrant.
Entrapment occurs when law enforcement coerces or persuades someone to commit a crime they would not have otherwise committed. If you can demonstrate that law enforcement induced you to possess or traffic cocaine, you may have a valid defense. If law enforcement engaged in misconduct during the investigation or arrest, such as illegal searches, excessive force, or falsifying evidence, this could form a basis for a defense.
The prosecution must prove your guilt beyond a reasonable doubt. If the evidence presented is weak, circumstantial, or fails to establish a clear link between you and the cocaine, you can argue that the prosecution’s case is insufficient. The prosecution must demonstrate a clear and unbroken chain of custody for the cocaine from the time it was seized until it’s presented in court. If there are gaps or irregularities in the chain of custody, the admissibility of the evidence could be challenged.
For trafficking charges, the prosecution must prove intent to distribute the cocaine. If you can show that you possessed the cocaine for personal use and lacked the intent to sell or distribute it, this could mitigate or negate the trafficking charge. It is crucial to seek the advice of a qualified Dr. Phillips cocaine defense attorney to assess the potential defenses and build a strong case on your behalf.
A Dr. Phillips cocaine lawyer can meticulously review the evidence presented by the prosecution, including police reports, lab results, and witness statements, to identify any weaknesses or inconsistencies. Our attorneys will develop a comprehensive defense strategy tailored to the specific circumstances of the case.
Our legal team can guide you through the complexities of the legal process, explaining your rights and options at each stage. Contact The Umansky Law Firm today to request your private case consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
