Sale or possession with the intent to sell cocaine within 1000 feet of a school, church, or day care center, is a first-degree felony punishable by a maximum of 30 years in prison.
This charge also carries a 3-year mandatory minimum sentence.
Police make determinations about one's "intent" based on a number of subjective factors. First and foremost, simply being in possession of cocaine within 1000 feet of a school, church, or day care facility is NOT enough for the police to charge you with the first-degree felony. Yes, you will be charged with possession of cocaine (a third-degree felony), but simple possession is not enough to give rise to suspicion of a sale.
If the police arrest you for possession with intent to sell when you are simply in possession of cocaine, contact a criminal defense attorney as soon as possible. A good lawyer may be able to get the charges reduced prior to arraignment.
If you are in possession of a large amount of cash, individual packages of the narcotic, baggies, a scale, or any other indicia of drug sales, the police will arrest you for possession with intent to sell.
If you are within 1000 feet of a school, church, or day care center, you will be looking at a 3-year mandatory prison sentence.
Your rights are more important than anything. Every defense attorney should look at all relevant search and seizure issues when a controlled substance is found on or about somebody's person. That's because police commonly overlook a defendant's constitutional rights when trying to "make the bust."
It's the job of your attorney to exploit any constitutional defects in a case. These defects, if exposed, could result in the dismissal of your charges, or in the least, a very favorable resolution.
Call me today if you or a loved one are facing drug charges. I practice exclusively criminal law in Miami-Dade County and Broward County.