Tampa Cocaine Possession Defense Lawyer

Facing charges for cocaine possession in Florida can be a daunting and life-altering experience. Despite the trend toward the legalization of certain drugs in many states, Florida maintains some of the strictest drug laws in the country. Given its geographic location, the state is a hotbed for illegal drug trafficking, leading to stringent enforcement and severe penalties for drug possession offenses, including those involving cocaine.

In such a challenging legal landscape, having an experienced Tampa cocaine possession defense lawyer by your side is not just an advantage—it’s a necessity. Lastly, facing criminal charges can be an overwhelmingly stressful ordeal. Mike G stands out for its empathetic approach, treating every client with the utmost respect and ensuring you’re supported every step of the way.

Why Do You Need a Tampa Cocaine Possession Defense Lawyer?

If you receive a conviction for cocaine possession in Florida, you could face:

• A lengthy prison sentence and years of probation
• Loss of your driver’s license
• Thousands of dollars in fines

Additionally, you may have a felony conviction on your record permanently, which could impair your ability to find a job or housing and cost you your voting rights and your right to possess a firearm. 

An experienced cocaine possession defense attorney can help you avoid or reduce the severity of these potential consequences. Mike G Law will analyze your case, gather evidence, and plan a defense strategy to get your charges reduced or dismissed or secure an acquittal. If this is your first offense, we may be able to get your criminal history record and mugshot expunged or sealed or get you into a pretrial drug intervention program.

WHAT TYPES OF CHARGES MAY RESULT FROM AN ARREST FOR COCAINE POSSESSION IN FLORIDA?

The Florida cocaine laws specify several types of drug possession crimes, depending on how much of the drug you had and what you intended to do with it. 

Simple Possession

Cocaine is a Schedule II controlled substance. It is illegal to possess any amount of this drug without a prescription from a licensed physician. Simple possession charges usually apply when law enforcement arrests a person for possession of fewer than 28 grams of crack or powder cocaine.

Possession can be actual or constructive. With actual possession, the accused person knew about the illegal drug and had it in their hand, on their person, or in a location within easy reach. With constructive possession, you do not have to have physical possession of the drug. You just need to know about it and have it in a place that you have control over.

Possession With the Intent to Sell or Distribute

The prosecutor may charge you with possession with the intent to sell or distribute if you have less than 28 grams of cocaine and there is evidence that you intended to sell it, such as small baggies, scales, or large amounts of cash. Because this is a more serious charge than simple possession, it is critical to work with a Tampa cocaine possession defense lawyer to attempt to get your charges reduced or avoid a conviction. 

Drug Trafficking

Drug trafficking is the most serious type of cocaine possession charge. The prosecutor may charge you with trafficking if you possess more than 28 grams of cocaine, even if there is no other evidence that you intend to sell or distribute it.

WHAT ARE THE PENALTIES FOR COCAINE POSSESSION IN FLORIDA?

The penalties for cocaine possession in Florida depend on the specific charge, your previous criminal history, and whether the circumstances of your case warrant an enhancement. Enhancements, such as committing a drug crime while in possession of a firearm,  can result in more serious charges with stiffer penalties. If you are facing extended jail time for possession of coke in Florida due to an enhancement, a Tampa cocaine possession defense lawyer can attempt to get your charges reduced.

All cocaine possession crimes can result in a two-year suspension of your driver’s license with no chance for a hardship restoration in the first year. Simple possession is a third-degree felony that may result in a maximum prison sentence of five years, up to a $5,000 fine, and up to five years of probation.

Possession with the intent to sell or distribute is a second-degree felony that can result in a prison sentence of up to 15 years and a fine of up to $10,000. Drug trafficking is a first-degree felony that can result in a prison sentence of up to 30 years to life and fines that range between $50,000 and $250,000.

MINIMUM MANDATORY SENTENCES FOR DRUG TRAFFICKING

The severity of drug trafficking sentences varies based on how much of the drug you possess. For 28 grams to 200 grams, the mandatory minimum sentence is three years in prison and a $50,000 fine. 

If you had 200 grams to 400 grams of cocaine, the mandatory minimum sentence is seven years in prison and a $100,000 fine. For 400 grams to 150 kilograms, the mandatory minimum sentence is 15 years in prison and a $250,000 fine. A conviction for possession of 150 kilograms or more of cocaine carries a mandatory minimum sentence of life in prison without the possibility of parole. 

WHAT ARE THE POSSIBLE DEFENSES FOR A COCAINE POSSESSION CHARGE?

If you get arrested for cocaine possession, the prosecutor has 21 days to decide what charges, if any, to file against you. During this time, a Tampa cocaine possession defense lawyer can attempt to convince the prosecutor not to file charges. 

If the prosecutor does file charges, the prosecution must prove that you possessed the substance, the substance was cocaine, and you knew it was present. Your attorney will attempt to prevent the prosecution from proving one or more of those elements or employ another strategy to reduce your charges, get your case dismissed, or reduce the severity of your penalties.

Pretrial Intervention Program

If you have no previous criminal record, or your only previous conviction is for one nonviolent misdemeanor and you are facing a third-degree felony charge for cocaine possession, your lawyer may attempt to get you into a pretrial intervention program.

If you qualify, you will receive counseling, education, supervision, and treatment for any addiction issues you have. If you complete the program, the court will dismiss your charges. 

Motion To Suppress Based on a Miranda Violation

The Fifth Amendment of the U.S. Constitution protects your right to not incriminate yourself. If the police do not read you your rights before questioning you about your alleged crime, your Tampa cocaine possession defense lawyer may be able to suppress any statements you made to the police, get your charges reduced, or get your case dismissed.

Motion To Suppress Based on an Invalid Search

The Fourth Amendment of the U.S. Constitution protects you against unreasonable searches and seizures. The police must have a warrant to search a suspect unless the suspect consents or some other exemption applies. 

Additionally, a search may be illegal if the police coerced the suspect into consenting. Your lawyer may file this motion if there is evidence the police conducted an illegal search to obtain evidence.

Motion To Suppress Based on an Illegal Canine Search

Often, when people do not consent to a search of a vehicle for drugs, police will use a drug-sniffing dog to check the outside of the car. If the dog indicates the presence of drugs, the police can legally search the vehicle.

However, they cannot prolong a traffic stop to give the dog time to search. If they do, your lawyer may file a motion to suppress based on an illegal canine search.

Motion To Suppress Based on an Illegal Detention

The police cannot detain you without a reasonable suspicion that you committed a crime. If they do, your lawyer can file a motion to suppress based on an illegal detention.

Insufficient Evidence

If your lawyer does not think there is enough evidence to support the charges against you, the defense can request the court to dismiss your case. If your case goes to trial, your lawyer will try to introduce doubt that the prosecution proved all the elements required to obtain a conviction.