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Possession of Cocaine in Florida

It is a Third Degree Felony to possess any amount of cocaine in Florida, even a bag of residue.

And because of the serious consequences for such a simple crime, it is important to know the:

• Penalties for Cocaine Possession and
• Defenses to Cocaine Possession.

Penalties for Cocaine Possession

If convicted of felony possession of cocaine, you could receive any combination of the following penalties:

• Five years of probation,
• Five years in prison, or
• A fine of up to a $5,000.

Driver's License Suspension

Finally, if you are adjudicated guilty, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court.

Defenses to Cocaine Possession

There are two primary defenses that are raised in a cocaine possession case:

• Illegal Search and Seizure or
• Insufficient Evidence.

Argue Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Insufficient Evidence

The prosecutor can only prove a cocaine possession case in one of two ways:

1. Actual Possession
2. Constructive Possession

Actual Possession

To prove that you actually possessed cocaine, the prosecutor has to show the cocaine was found on your person. So if the cocaine was found in your pocket, the prosecutor would have a case involving actual possession of cocaine.

Constructive Possession

On the other hand, if the cocaine was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the cocaine because they would have to comply with the law of constructive possession.

The law of constructive possession requires the prosecutor to prove each of three distinct elements before you can be convicted:

1. Knowledge of the cocaine's presence;
2. Knowledge the substance was cocaine; and
3. Dominion and control over the cocaine.

Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.

Scenario 1: You were stopped while driving a friend's car and police found cocaine in the glove box, they would be unable to convict you of the possession unless they had some proof that you knew the cocaine was there.

Scenario 2: You were stopped while driving a friend's car and police found a small baggy with cocaine residue on the floor board, but in plain view. They would be unable to convict you of possession unless they had some proof that you knew the baggy contained cocaine.

Scenario 3: You were driving your car, had a friend with you, and your friend takes a container with cocaine in it and places it in the passenger side storage pocket. The police then stop you, see your friend's container, and arrest both of you. They should be unable to convict you of possession of cocaine because even though you knew the cocaine was there, your friend is the only person who had dominion and control over it.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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