Cocaine Possession Charges in Miami: Penalties and Defense

Cocaine Possession Charges in Miami: Penalties and Defense

Getting charged with cocaine possession in Miami can be scary. The penalties are harsh, and a conviction can change your life. But with an experienced defense attorney on your side, you can fight the charges and protect your future. This article will walk you through cocaine laws in Florida, penalties for possession, and possible defenses to beat the charges.

Cocaine Laws in Florida

Under Florida law, it is illegal to possess any amount of cocaine[1]. Cocaine is a Schedule II controlled substance, meaning it has a high potential for abuse but can be prescribed by a doctor. Recreational use is strictly prohibited.

The main cocaine possession statute is Section 893.13 of the Florida Statutes[1]. This law makes it a third-degree felony to possess cocaine, punishable by up to 5 years in prison and a $5,000 fine[2][3].

To convict you of cocaine possession, the prosecution must prove these elements[2]:

• You possessed a substance
• The substance was cocaine
• You knew the substance was cocaine

“Possession” includes actual physical possession or constructive possession. That means the drugs were on your person, in your car, in your home, or another place you controlled. Just being near cocaine or knowing about it is not enough to convict you.

The penalties get much worse if you possess larger amounts of cocaine. Possessing between 28-200 grams becomes trafficking, with mandatory minimum prison sentences[4]. For example:

• 28-200 grams: 3 year minimum
• 200-400 grams: 7 year minimum
• 400 grams or more: 15 year minimum

So while a small amount for personal use is a felony, trafficking cocaine will land you in prison for many years.

Penalties for Cocaine Possession

As mentioned above, possession of any amount of cocaine under 28 grams is a third-degree felony[1]. The penalties include:

• Up to 5 years in prison
• Up to 5 years probation
• Up to $5,000 fine
• Driver’s license suspension for 1 year
• Permanent criminal record

Even for a first offense with no criminal history, you could face 12-18 months in prison if convicted. With prior felonies, you could get the full 5 year sentence. Probation terms often involve drug testing, treatment, community service, etc.

A conviction also leads to a permanent criminal record that will make things like getting a job, renting an apartment, or applying for student loans much harder. And for non-citizens, it could trigger deportation proceedings.

Fighting Cocaine Possession Charges

The penalties for cocaine possession are no joke. But an experienced Miami drug crimes lawyer can often get charges reduced or dismissed. Here are some of the most common defenses:

Illegal search – If police find cocaine through an illegal search, the evidence can be thrown out. That includes searches without a warrant or probable cause[5].

No knowledge – If the drugs were found in your home or car, you can argue you didn’t know about them. Someone else could have left them there[2].

No possession – Similarly, you can claim the cocaine was not actually in your possession or control, even if it was near you[2].

Misidentified substance – Laboratory tests can sometimes be wrong. You may be able to argue the substance was not cocaine[2].

Entrapment – This defense claims police improperly induced you to commit the crime. It applies mainly to undercover sting operations.

An experienced lawyer will evaluate the police conduct and the strength of the prosecution’s case to determine the best defense strategy. This could lead to reduced charges, diversion programs, or even dismissal of the case.

Finding the Right Lawyer for Your Case

If you are facing cocaine possession charges in Miami, having an aggressive and experienced defense lawyer on your side can make all the difference. Look for a lawyer who:

• Focuses specifically on drug crimes, not a general practice attorney
• Has taken drug possession cases to trial and won
• Knows the local prosecutors and judges
• Can negotiate with the prosecution for reduced charges
• Will thoroughly investigate your case to build the strongest defense

Don’t leave your future up to chance. The right lawyer can get your cocaine charges dropped or reduced so you can move on with your life.

Conclusion

Cocaine possession charges should not be taken lightly. The penalties are severe under Florida law. But an experienced drug crimes attorney can often win dismissals, reductions, or alternatives to jail. Don’t wait to seek legal help if you are facing cocaine charges in Miami. A skilled lawyer can protect your rights, freedom and future.