Sale of Cocaine Within 1000 Feet of a School

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Sale of Cocaine Within 1000 Feet of a School

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.




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