Both the Controlled Substances Act (CSA) and Florida Statute 893 consider cocaine to be a substance that has a high potential for abuse or dependence. There has been a 57.1 percent increase in cocaine-related deaths between 2015 and 2016 in Florida. Cocaine use has steadily grown because of its short-term stimulating euphoric physiological effects; however, long-term, these effects are dangerous. Being found in possession of cocaine can put you in an even worse situation outside of a possible drug addiction.
Possession of cocaine can cause severe long-term consequences that can negatively impact your life. With any drug-related crime, penalties are determined by factors such as how much cocaine was in your possession and if you had the intention of distributing it. Either way, you’re likely to be held accountable in some way, therefore you should start working with a criminal defense lawyer to help you build a defense strategy.
Speak to a drug defense attorney as soon as possible after a charge of cocaine possession. At the Umansky Law Firm, we believe everyone deserves a second chance, and that your life shouldn’t be defined by one mistake. We will work diligently to get your cocaine charges reduced or eliminated and help you move forward with your life.
Federal and state laws categorize controlled substances into five different classifications or “schedules.” When determining these schedules, the following factors are considered:
The five drug schedules in Florida are identified as the following:
Florida Statute 893.13(6)(a) explains that an individual who is found to be in “actual” or “constructive possession” of less than 28 grams of cocaine has committed a third-degree felony. This is punishable by 5 years in prison or probation and/or a fine of $5,000, along with driver’s license revocation for up to two years.
If found to be in possession of more than 28 grams, a drug trafficking charge could be triggered and you could be sanctioned to 30 years in prison or probation, as well as a $10,000 fine. Some factors that will determine your penalties and other consequence you may face include:
To be in “actual possession” of cocaine means that you either had the substance in your hand or in a container, or the substance was within reach and in your control. If the substance was not directly found on you, then “constructive possession” would have to be established. This is when you know the substance is in your presence and you have the capacity to control it.
For the prosecution to be able to prove that you were in possession of cocaine, they must be able to prove the following:
Handling these types of charges alone will be extremely difficult to do because prosecution will employ aggressive tactics to attain a drug conviction. An experienced drug offense attorney can help construct a defense strategy that will get you the best results.
If you are being charged with a possession or trafficking charge, do not wait to seek legal counsel. These offenses are severely punishable; therefore, you need to act carefully and quickly to preserve your legal rights. Some possible defenses against cocaine possession charges including:
No matter what type of drug possession charges you’re facing, the ramifications are likely to be severe. There are several defenses that can be used to dispute your cocaine possession charge, so it is highly recommended to consult a criminal defense attorney first. These types of cases are complex and must be examined early on to create the most successful defense strategy available.
The Umansky Law Firm stresses the importance of knowing your rights, and we’ll forcefully fight for those whose rights have been infringed. With more than 100 years of combined experience in criminal law, our lawyers understand the tactics that the state will use to get a conviction. Call Umansky and his team of trusted attorneys to represent you in your drug offense case in Orlando. Call our office or complete a contact form for a free consultation.
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