While any charge related to the possession of a controlled substance is a serious one, offenses involving cocaine are punished harshly. A conviction could cost you years in prison, thousands of dollars in fines, and other collateral consequences.
If you have been charged with one of these crimes, you deserve an aggressive drug defense attorney who is not afraid to protect your rights in court. A Lake County cocaine lawyer could help you understand the weight of the charges against you and provide you with a robust and effective defense at trial.
Possession of a controlled substance is the most commonly-charged offense involving cocaine. It is unlawful to have any amount of this substance according to state law.
There are two different types of possession: active and constructive. Active possession means a defendant had illegal drugs on their person. This could involve holding it in their hands or carrying it in their pocket.
Constructive possession means it is not on the body of the accused at the time of their arrest but in their direct control. Some of the most common examples of this include having it in the trunk of a car or within a private residence where only the accused has access to it. However, this could open up a viable defense strategy, if a Lake County attorney can argue that the defendant was not aware the cocaine was in their vehicle or residence.
It is possible to face more serious charges than simply possessing cocaine. The state can bring charges of possession with intent to distribute against a person that intends to provide the controlled substance to someone else. While this is generally treated as an offense related to the sale of drugs, it is important to understand a guilty verdict does not require the sale of anything.
There are two important elements to this crime. First, a person must knowingly possess cocaine. This can be on their person, in their vehicle, or even in their home. Second, they must have the intent to distribute these drugs.
It is not necessary for a person to have successfully transferred the controlled substance to another party. The state could secure a conviction by simply showing the accused had planned on doing so. This could be as part of a sale or even as a gift. The intent of the person charged with this crime is what matters.
The offense of trafficking comes out of the large-scale sale of cocaine. The major difference between trafficking and distribution charges is the volume of the drugs found. What’s more, there is no requirement that a person has any intent to transfer the controlled substance to someone else; just holding large amounts of the drug is enough for a conviction. In this situation, it is imperative that a defendant in Lake County hire a cocaine defense lawyer.
When it comes to trafficking cocaine, these charges are based on weight, measured in grams. The state can file these charges against anyone with 28 or more grams of this controlled substance.
The penalties associated with a conviction also depend on the weight of the drugs in question. Between 28 and 200 grams carries a mandatory sentence of three years in prison. While these penalties are significant, they are also the lightest under the law. A person convicted of having 150 kilos or more faces life imprisonment without any chance for early release.
Any of these charges could cost you years of your life and thousands of dollars in fines. The good news is that you have the right to fight back against a charge by working with a reliable defense attorney.
A Lake County cocaine lawyer could provide you with the strongest defense possible, whether it involves confirming the amount of cocaine found was less than 28 grams or identifying breaches in your constitutional rights. Call today to learn more about cocaine charges and how you could beat them.
The Umansky Law Firm Criminal Defense & Injury Attorneys
