Cocaine Possession

Possession of Cocaine: What You Need to Know

So you got caught with some coke. Don’t freak out just yet. Let’s walk through what possession means legally speaking, what the penalties are, and some possible defenses that could help your case.

What is Cocaine Possession?

Legally speaking, possession means having physical control over an illegal drug, either on your person, in your car, or in a place under your control like your house. Prosecutors don’t need to prove that the drugs belong to you or that you knew they were there. The fact that they were found in your car or jacket pocket is enough to charge you with possession.

For cocaine specifically, possession means having even a small amount of coke on you. There’s no minimum amount needed to be charged. Residue in a baggie or straw is enough. Heck, even testing positive for cocaine in a drug test could lead to possession charges.

Penalties for Cocaine Possession

Cocaine is classified as a Schedule II controlled substance. That means there are stiff penalties for even minor possession:

• Up to 1 year in jail for first offense
• $1,000 to $100,000 in fines
• Driver’s license suspension for 6 months

Penalties go up from there for repeat offenses or larger amounts. Anything over 500 grams bumps you up to a felony with mandatory prison time of 5 years up to life.

But that’s the maximum under the law. Most first-time offenders don’t end up with the book thrown at them, especially for small personal use amounts. Diversion programs, probation, and lighter sentences are common.

Possible Defenses to Fight Cocaine Possession Charges

Don’t just plead guilty yet! There are some solid legal defenses that could get the charges dropped or reduced:

Illegal Search

If the police didn’t have probable cause to search you or your car, the cocaine evidence could get thrown out. Any illegal search violates your 4th Amendment rights.

No Actual Possession

You’re not guilty of possession if the drugs weren’t actually on you. For example, if a friend left coke in your car but you didn’t know about it. You have to knowingly possess drugs to be convicted.

No Usable Amount

You may be able to argue there wasn’t enough cocaine to use. Scraps of residue don’t count as possession in some states.

Misidentified Substance

Lab tests can mistake other white powders for cocaine. You may be able to challenge the lab results if there’s any room for error.

Medical Use

In very rare cases, cocaine may be legally prescribed by a doctor as a local anesthetic. Having a valid prescription is a defense to possession.

Entrapment

If an undercover cop pressured you into buying cocaine when you weren’t predisposed to do it, that’s entrapment. A skilled lawyer could get the case dismissed on those grounds.

Don’t Panic, Get an Attorney

Even if you were caught red-handed with a bag of blow, don’t despair. There are always options in criminal defense. Don’t say anything to the police and invoke your right to an attorney immediately. A knowledgeable lawyer will analyze the specifics of your case and build the strongest defense.

With the right legal strategy, you may be able to get charges reduced or even dismissed. Diversion programs could lead to no criminal record. It pays to fight cocaine possession charges rather than pleading guilty right away.

So take a deep breath. You’ll get through this. Call a trusted criminal defense attorney today to discuss your case confidentiality and start building your defense. We’re here to help – don’t go through this alone.