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Queens Cocaine Possession Lawyer

March 21, 2024 Uncategorized

Cocaine Possession: Understanding the Charges and Consequences

Cocaine is a highly addictive stimulant drug that can have severe consequences for those who use and possess it. Many individuals go to great lengths, even sacrificing their jobs and relationships, to obtain and maintain a constant supply of cocaine to achieve the desired high. In most cases, cocaine is found in the form of a white powder, and users typically take a bump or hit from a small ball of cocaine. However, the drug can also be cut with other substances to alter its effects on the mind and body.

If you are caught with cocaine in your possession, you can be charged with possession, which is a serious offense. In such situations, it is crucial to seek the assistance of a knowledgeable Queens lawyer who can provide guidance and legal representation.

Cocaine Possession: Understanding the Different Types

When it comes to the legal definition of possession, there are a few different interpretations:

1. Simple Possession

Simple possession refers to knowingly having cocaine on your person or personal property. This could include having it in your pocket, wallet, purse, or even in your vehicle. To be charged with simple possession, you must be aware that you have the drug in your possession and that it is illegal. However, if you unknowingly come into possession of cocaine, such as finding it in a box that was supposed to contain baby powder, it would not typically constitute cocaine possession since you were unaware of its contents.

2. Constructive Possession

Constructive possession is a broader definition of possession, where the officer interprets from the evidence that you have control over the drug. For example, if cocaine is found in a bag that is with you, even if the bag does not belong to you, you can still be charged with possession. This type of possession can be applied if cocaine is found in your home, business, hotel room, club, warehouse, or even in a package addressed to you. The officer’s discretion often determines whether you will be charged with possession or not.

In order to charge you with possession, the prosecution must present sufficient evidence to demonstrate that you had knowledge of the drug’s presence or that you knew it was nearby. If found guilty of cocaine possession, the consequences can range from several months to several years in jail, depending on the amount of cocaine and your prior record. A first offense typically results in one year of imprisonment and fines of at least $1,000.

Defenses for Cocaine Possession Charges

When facing cocaine possession charges, your attorney can help you explore various defenses to present in court. Two common defenses include:

1. Lack of Knowledge

If you genuinely had no knowledge of the cocaine’s presence, this defense can be relatively easy to prove. You must demonstrate to your attorney that you were unaware of the drug’s existence.

2. Lack of Power to Control the Drug

This defense relies on showing that you had no intention or ability to exercise control over the drug. It is essential to provide evidence that you had no control or influence over the cocaine.

Factors Affecting the Severity of Charges and Sentences

Cocaine possession charges and sentences are influenced by various factors, including:

1. Weight and Packaging

The weight of the cocaine and the type of packaging can impact the severity of the charges. Possessing small crack rocks or powdered cocaine in small bags typically results in less severe charges. However, if multiple bags containing cocaine are found, indicating intent to distribute, the charges can be more severe.

2. Purity of the Drug

The purity of the cocaine also plays a role in determining the charges and sentences. If the cocaine is cut with other substances to increase profits, resulting in a less potent drug, the charges may be less severe. Conversely, possessing pure cocaine can lead to federal charges.

3. Criminal Background and Other Factors

Your criminal background, the location where the drug was found (e.g., a school zone), and whether you had a child in your custody at the time of the arrest can all influence the severity of your sentence. Possessing a firearm along with the drug can also result in a longer prison term. Additionally, if you are charged with distribution in addition to possession, the sentence will likely be more severe.

It is important to note that the defense strategies employed may differ depending on whether the drug was clearly in your possession or merely in close proximity to you.

Seek Legal Assistance for Cocaine Possession Charges in Queens

Cocaine possession charges can have serious consequences within the criminal justice system. If you have been charged with cocaine possession in Queens, it is crucial to consult with an experienced attorney who can assess the evidence against you, determine if your rights were violated during the search, and establish whether you were the true possessor of the drug. The specific charge and sentence you may face will depend on the weight of the cocaine and other accompanying factors.

Don’t face Queens cocaine possession charges alone. Contact the Spodek Law Group today for expert legal representation.

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