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Possession of Cocaine

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.






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