Possession of Cocaine
Are you being charged, in Palm Beach County, Florida with Possession of Cocaine? Need a Cocaine defense attorney or cocaine defense lawyer in West Palm Beach, Boca Raton, Jupiter, Palm Beach Gardens or Boynton Beach? We are possession of cocaine defense attorneys located in West Palm Beach. When you are arrested for illegal drugs, it is important to hire a Criminal lawyer that understands and practices in the area of drug crimes and criminal defense law. Don’t hire a lawyer that dabbles in criminal defense; hire a criminal defense lawyer that has extensive experience in defending possession of cocaine charges. Your drug crime or drug offense lawyer needs to have knowledge and experience in drug cases but also needs to know the prosecutors, judges and court staff. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your possession of cocaine case is extremely important. We ask that you consider our South Florida Possession of Cocaine Defense Lawyers. Attorney Roger P. Foley has offices in Broward County, and Palm Beach County, Fort Lauderdale, and in West Palm Beach respectively. Mr. Foley has defended hundreds of individuals charged with drug crimes; possession of cocaine, possession of Cocaine and possession of drug paraphernalia, Sell, deliver, manufacturing of Cocaine, and trafficking in cocaine charges.
Palm Beach Gardens possession of cocaine defense lawyers, Royal Palm Beach possession of cocaine defense attorneys, Delray possession of Cocaine defense attorneys are available now to defend your case. We have defended individuals charged with possession of Cocaine in Lake Worth, Riviera Beach, North Palm Beach, Wellington and Juno Beach. Our cocaine attorneys are here to fight your drug case. Have a drug charge and need help with your drug addiction, our cocaine defense attorneys will work to get you into drug court.
Cocaine Palm Beach County Defense Lawyer
Florida Statute 893.13 includes a broad variety of crimes related to narcotics violations. The statute prohibits possession of cocaine, possession with intent to sell cocaine, purchasing, delivery, and trafficking in controlled substances. The penalties generally increase based on the amount of contraband charged. Cocaine is classified as a Schedule II controlled substance due to its high abuse and minimal medicinal value. Mere possession of Cocaine is a third-degree felony punishable by up to 5 years in Florida State Prison. In the criminal punishment code, it is assigned as a level 3 offense. If convicted of Possession of Cocaine, you will lose your driving privileges for one year.
Defenses to Possession of Cocaine in Florida
Defenses often revolve around how the police found the evidence and whether they violated any search and seizure requirements of the 4th Amendment. Police often overstep their authority, either purposely or inadvertently, and break rules that violate your rights. When this happens, it opens up the door for your defense attorney to file a Motion to Suppress. An example of a Motion to Suppress in a Possession or Trafficking of Cocaine case would be a request to the judge requesting that he/she throw out the evidence, the cocaine, because police illegally seized it. It is irrelevant whether you actually possessed the cocaine if the police failed to follow the rules in acquiring the evidence against you.
There are many issues that could be explored, such as:
- Why they stopped you (was it a valid stop or not);
- Why they searched you, your car, or your home;
- Whether you consented to a search;
- Whether there was a valid warrant;
- Whether there was probable cause for arrest;
- Whether they pressured you into talking or giving a statement against your will (Miranda issues).
Another defense may revolve around constructive possession and whether or not the prosecution can prove you exercised control over the cocaine and whether you had knowledge of its existence. For example, you are driving your brother’s car and are pulled over by police for speeding. The police officers ask to search the vehicle and you consent* to the search. As a result of your consent, the police find a 1oz. clear baggie of cocaine in the trunk. Since it is not your car, and several people may have access to the vehicle, the prosecution will need to prove constructive possession. The State of Florida is required to prove that you knew the cocaine was in the trunk. That is often a difficult task, as your knowledge of its existence is not imputed and they must prove that you knew.
Defenses are determined by the facts of your case, and once we know your facts, we can better advise you on the defenses available in your case.
Possession of Cocaine Palm Beach County
Possession of cocaine becomes more serious if the amount is 28 grams or greater. The possession of 28 grams of cocaine or more causes a violation of Florida Statute 893.135, which invokes mandatory minimum sentences from 3 to 15 years. The possession of cocaine in the amount of 28 grams or greater raises a presumption that the cocaine is not for personal use and is intended for distribution. This offense is called Trafficking in Cocaine and is a first-degree felony punishable by up to 30 years in prison. The amount in your possession determines whether you are facing a 3, 7, or 15-year minimum mandatory prison sentence.
If you are charged with possession of cocaine in any amount, it is imperative that you retain an experienced West Palm Beach Cocaine Possession Attorney to discuss the defenses available to prevent incarceration and/or a felony conviction on your record. Consider retaining the attorneys at The Law Offices of Roger P. Foley to help fight your case. Call our West Palm Beach Office at (561) 746-7076 for immediate assistance.
For the charge of Possession of Cocaine, the State of Florida has the burden to prove the following elements in order to achieve a guilty verdict against you:
- The defendant was in possession of cocaine;
- The substance was cocaine;
- The defendant had knowledge of the presence of cocaine.
If the State of Florida cannot prove these elements, then you win your case. Unfortunately, even upon winning a case, the accused can be hurt by the collateral consequences. Police often say, “You may beat the case but you cannot beat the ride.” The ride is through the criminal justice system and involves the humiliation of the arrest, the bonding process, the search for a competent legal counsel, and the expense of a legal defense. Often after arrest, and prior to a final result, people lose their jobs, their reputation in the community, their time and their finances. If you have been charged with possession of cocaine, do not delay – contact The Law Offices of Roger P. Foley today at (561) 746-7076 and let us fight for you in court.
* Consent is voluntary and you may refuse consent to any police officer requesting to search your person, your vehicle, or your home by simple stating that you object to the search. Repeat yourself as necessary, but never touch or act aggressive with police. Let your West Palm Beach Cocaine Possession Attorney fight the battle in court.