Possession of cocaine is a 3rd degree felony in the State of Florida punishable by a maximum of 5 years in state prison.
Possession - as opposed to trafficking in cocaine - is defined by weight. Having less than 28 grams on or about your person is simple possession, whereas having more is trafficking.
Trafficking carries mandatory prison time. Possession does not.
Possession-level crimes can result in Drug Court for first-time offenders. Repeat offenders or persons with a prior criminal record may be looking at a
withhold of adjudication or perhaps a conviction (adjudication).
Remember - every drug crime, even possession of cocaine - involves a police encounter. The police must have discovered drugs (allegedly) in order to arrest and charge you.
You should speak with a criminal defense attorney about your case to see whether the police violation your right to be free from an unlawful search.
Discuss with your attorney the following:
1) Did the police pull you over in a car? If so, did they search your car? Did they ask for your permission?
2) Did the police search your car or home without a search warrant?
3) If the police obtained your consent to search, did they force, threaten, or coerce you into giving them consent?
4) Were you a passenger in a vehicle where drugs were found but had no knowledge that the drugs were there?
These are just a few of a multitude of issues a good criminal lawyer will examine when discussing your possession of cocaine charges with you.
Call Attorney Eric Matheny if you have a drug possession case in Miami-Dade or Broward.