Possession of Cocaine Lawyers in Hollywood, FL

Giving Clients an Excellent Defense Against Serious Charges

Being found in possession of a Schedule II controlled substance like cocaine can lead to a felony conviction that could seriously impact your life. Individuals facing drug possession charges of any kind may face penalties of up to five years in prison and thousands of dollars in fines. This does not even include the devastating impacts a criminal record can have, including preventing you from getting a professional license or gainful employment. If you are looking at drug trafficking charges or have other aggravating factors in your drug crime case, you could face even harsher penalties. However, there is hope for defeating your charges with the help of an experienced Floriday criminal defense lawyer.

A Florida drug attorney can help you avoid the maximum sentence, protect your driver’s license, and introduce doubt as to the prosecutor’s case. A lawyer can also protect your rights when it comes to the investigation and coach you on how to interact with law enforcement officials. Please remember that you do not have to answer any questions without first speaking with a lawyer. This is crucial when it comes to such serious charges as illegal drug possession and intent to sell.

At Magilligan Law, our attorneys are dedicated to minimizing the effects that a cocaine trafficking or possession conviction would have on you. We will investigate thoroughly to uncover evidence that introduces reasonable doubt, getting your charges dismissed. We promise to fight aggressively for your best interests and will base our legal counsel on our years of defending clients in drug possession cases. Call right away to schedule your complimentary 15-minute consultation with our skilled legal team.

What Are the Main Elements of Cocaine Possession Charges in Florida?

Every criminal case is different. A cocaine possession lawyer can help you understand the main aspects of your unique charges. However, there are certain elements that come up in many drug possession cases, including whether the person knowingly possessed the drug, whether they obtained it illegally, and whether they intended to sell the Schedule II controlled substance. Depending on the aspects of your situation, your charges could be minimal or involve aggravating factors that lead to a more serious sentencing. Call our law firm today to get more information about your charges and how we can fight a conviction.

Knowingly Possessing

Being convicted of possession of cocaine requires a factor known as “knowingly possessing” the illegal drugs. This means the prosecution must prove beyond a reasonable doubt that you knew the substance you were in possession of was cocaine rather than a mix-up caused by someone else’s mistake. Prosecutors may use various techniques to try to prove this and do not need a confession or evidence that you used the cocaine. For example, they may use circumstantial evidence to show that you intended to use or sell the drugs.

Illegally Obtaining Cocaine

Another important aspect of proving possession of cocaine involves how the drugs were obtained. Since cocaine is not approved for medical purposes in the United States, it is almost certain that this element will be satisfied. However, in cases of another Schedule II controlled substance or any controlled substance that is obtainable by prescription, it is possible to prove that you had a doctor’s approval to use the drugs.

Trafficking Cocaine

Finally, you may face a first or second-degree felony if you are convicted of trafficking cocaine. The prosecution may use evidence such as the amount of drugs you had and whether you had drug paraphernalia in your possession to prove intent to sell. If you are charged with drug trafficking in Florida, you need immediate legal assistance to prevent maximum sentencing.

What Are the Types of Cocaine Possession Charges?

The two main forms of possession are called actual and constructive possession. Both actual and constructive possession of cocaine can result in criminal charges in Florida. It is important to understand the difference between these two charges to know how to fight a conviction effectively.

Actual Possession

Actual possession means the controlled substance, in this case cocaine, was found directly on your person. Some examples include when cocaine is in your pocket, purse, or in your hands. Being found in actual possession of illegal drugs makes it more challenging to defend yourself, but it is still possible to find relief from criminal charges with the help of a skilled drug crimes lawyer. The penalties of actual possession are similar to those of constructive possession.

Constructive Possession

Constructive possession refers to the drugs being found in a place such as your home or car where you could easily access and control the use of the cocaine. The prosecution may find it more challenging to prove constructive possession because they will rely on the circumstances to prove that the drugs were yours and were not placed there by someone else. However, if you are found guilty of constructive possession, you will face similar fines to having the cocaine on your person.

What Are the Penalties for Cocaine Possession According to Florida Law?

Florida law strictly prohibits the use of illegal drugs, such as cocaine. For this reason, penalties for cocaine possession are severe, and the consequences of trafficking cocaine are even more devastating. Individuals facing possession charges should speak with a cocaine possession lawyer as soon as possible to avoid life-altering convictions for possession of cocaine.

Imprisonment

One of the most serious aspects of a conviction for possession of cocaine is the lengthy term of imprisonment. In Florida, you may face up to five years in prison for a conviction. Alternatively, some individuals are sentenced to probation for the same time period. Probation involves stringent restrictions that can hamper your lifestyle and require you to check in periodically with your probation officer. Failing to abide by your probation restrictions could lead to imprisonment or additional fines.

Fines

Another aspect of cocaine conviction penalties is the hefty fines that come with a conviction. In addition to legal and court costs, you could be fined up to $5,000.

License Suspension

Many people don’t realize that a conviction for possession of cocaine can lead to license suspension. Losing your driver’s license can have a huge impact on your life, preventing you from getting to work, school, or medical appointments. In Florida, those who face license suspension for DUI and drug-related charges may not be eligible for a hardship license, so fighting the conviction is often the best way to protect your license.

Other Penalties

Finally, having a criminal record brings its own set of negative consequences. For example, you may have trouble finding housing, work, and education opportunities because potential employers and landlords will see the conviction on your permanent record. You may also face social stigma among friends, family members, and at work. You may also find it difficult to keep custody of your children in case you divorce, preventing you from maintaining precious parental relationships.

What Defenses Can I Use to Avoid a Maximum Cocaine Possession Conviction?

A drug crime charge can be terrifying because of the fierceness that prosecutors use in these cases. Many Florida attorneys want the appearance of taking a tough stance against drug abusers, which is understandable. The sad truth is that many people receive unfair convictions as a result of the aggressiveness of prosecutors simply due to the stigma of drug charges. However, there is still hope in fighting your charges when you hire a criminal defense attorney to help.

At Magilligan Law, we see each client as much more than the charges they’re facing. We recognize the innate value of each individual and treat all our clients with the respect they deserve. We will listen to your story and help you develop a defense that suits your unique situation.

Lack of Knowledge

One strategy that can be effective in fighting cocaine possession charges is that you did not know what the cocaine was or that it was there. If you live with roommates or other family members, it is natural to have items brought into the house or car without realizing it. Your criminal defense attorney can help you provide evidence to back up the truth that you are not guilty of drug abuse or cocaine possession.

Legal Disposal

You may also avoid conviction of a drug possession charge if you can prove that you were merely in possession in order to dispose of the illegal drugs. A cocaine possession lawyer is an excellent ally when providing evidence to show that you did not intend to use or sell the cocaine.

Illegal Search and Seizure

Another possibility in many drug possession cases is to demonstrate that law enforcement officials violated your constitutional rights during the arrest or investigation. Some examples of ways this could happen are through an illegal search or seizure of your property. Police officers are required by Florida law to obtain a warrant to search the premises, and if they fail to do so, the evidence could be suppressed or thrown out.

Alibi Defense

Alibi defenses are not commonly used in cases of possession of controlled substances. Still, some individuals may use the defense that they were somewhere else at the time of alleged possession.

Procedural Errors

You may also use procedural errors to your advantage when fighting drug possession charges. For example, police mistakes during the collection of the evidence or mistakes during the trial can result in lowered or dismissed charges. You may also appeal your conviction if a judge or jury violated your constitutional rights during the trial.

How Can a Criminal Defense Lawyer Help Me Fight My Cocaine Possession Charges?

Hiring a skilled criminal defense attorney is essential when facing charges of drug crimes in Florida. The potential consequences of a felony conviction are too numerous to list and could severely impact your ability to live your life and provide for yourself and your family. At this critical time, you need the advice and representation of a drug possession lawyer who is deeply familiar with Florida law.

Your drug possession attorney can help in the following ways and more:

• Advising you on your rights throughout the legal process
• Helping you understand your criminal charges
• Investigating the alleged crime to uncover evidence that supports your claim
• Offering counsel on how to interact with law enforcement to avoid self-incrimination
• Helping you navigate the complex criminal justice system, including getting you a speedy trial and submitting the proper evidence and paperwork
• Giving competent legal counsel regarding defenses that will help you avoid conviction
• Negotiating on your behalf to reach a settlement without going to trial
• Representing you confidently before a judge and jury if the case goes to court

Should You Hire Our Possession of Cocaine Attorneys?

When you are facing charges for possession of illegal substances in Florida, including possession with intent to sell, you need an experienced attorney to help you avoid the severe penalties that could come with a conviction. Whatever legal issues arise during your drug case, you can count on our team of highly skilled attorneys to offer aggressive representation.

At Magilligan Law, we believe every individual facing criminal charges for cocaine or another controlled substance deserves the chance to adequately defend themselves, make amends, and start fresh. We will work tirelessly to uncover the truth behind your alleged possession and fight diligently to achieve a positive outcome in your drug possession case.

Whether you are facing charges of possession of crystal meth, intent to sell cocaine, marijuana possession, or any other drug crime, we can help. We will use every ounce of our skill and experience to represent you aggressively in drug court. Call immediately to get the help you need to avoid a prison sentence and the other consequences of a felony offense. You can reach our compassionate, caring legal team for a free consultation by calling 954-833-1454.