Cocaine crimes in Florida are charged as possession, possession with intent to sell, or trafficking, and the potential penalties are stiff because these are all felonies. Possession of less than 28 grams of cocaine can land you in prison for up to five years, fines up to $5,000, suspension of your driver’s license, and a stint in a drug treatment facility. Trafficking at least 28 grams comes with a prison sentence of at least three years and up to life, and fines up to $250,000.
Your arrest does not have to result in a guilty verdict. There is a long process between when The Orlando Police Department escorts you to jail and a potential conviction. With help from the right drug defense attorney, cocaine defense strategies in Orlando could exonerate you.
Cocaine is a Schedule II controlled substance. If you are found in actual or constructive possession of it, you will likely be charged with a third-degree felony, according to Florida Statutes § 393.13(6)(a). However, proving your guilt beyond a reasonable doubt, which is the threshold for a conviction, requires the prosecutor to unequivocally show you possessed cocaine and you knew about its presence. Actual possession means the cocaine is in your hand, on your person, or in ready reach under your control. Constructive possession means the cocaine is not within immediate reach, but you are aware of its presence nearby and you control it. Decimating the prosecutor’s case is what your Orlando lawyer does by building drug defense strategies.
Legal defenses challenge the way law enforcement conducted the investigation prior to arresting you for a cocaine crime. When officers orchestrate an illegal search or seizure of the contraband, our attorneys may jump in with a Motion to Suppress Evidence, asking the judge to disallow any evidence gathered illegally, which can blow a fatal hole in the prosecutor’s case. Some law enforcement actions that amount to legal defenses for you include:
Our attorneys consider every scrap of evidence and every action by law enforcement and the prosecutor when strategizing your defense for cocaine charges in Orlando.
Attacking the evidence and contesting the prosecutor’s version of the situation is necessary and accomplished by using factual defenses. For instance, if you are accused of constructive possession of cocaine, the prosecutor must present evidence that you knew about the drugs and had control. This can be problematic for police, as described in the 2004 Florida First District Court of Appeals case, Hill v. State, 873 So. 2d 491. The defendant lived in an apartment with his girlfriend and after police with a search warrant find cocaine hidden in a dresser in the bedroom, they arrest the defendant for constructive possession.
The prosecutor’s problem is the lack of evidence that the defendant knew about or controlled the cocaine. When cocaine is in joint possession, the prosecutor cannot assume both or either possesses it; there must be evidence showing knowledge and control by the defendant. Our attorneys have a proven track record of negotiating successfully with prosecutors and defending clients. Call our Orlando office now so we can begin formulating cocaine defense strategies suitable for your case.
Drug charges are life-changing because they are felonies that can, if you are convicted, strip you of your freedom and many things you take for granted. Your family will become alienated, you may lose your job, housing, student loans, and the ability to own a firearm. You may end up in prison for a long time and owe thousands of dollars in fines.
The right criminal defense lawyer negotiates for lesser charges, a dismissal, or an alternate sentence or probation. If your case goes to trial, our attorneys are just as comfortable talking to a jury. We utilize strong cocaine defense strategies in Orlando, so call now if you have been arrested, and let us get to work for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
