Cocaine Possession

Cocaine has a long and sordid history in Florida that has essentially made the drug synonymous with the Sunshine State. Police and prosecutors in Florida have placed a tremendous emphasis on cocaine prohibition in the decades since President Richard Nixon declared drug abuse was “America's public enemy number one” when the substance was attributed to rises in crime.

State law makes it a felony for an alleged offender to possess any amount of cocaine in Florida. People may be subject to possible imprisonment, fines, and driver’s license revocation for merely having seemingly empty bags with mere residue of powder cocaine.

Lawyer for Cocaine Possession in Pensacola, FL

Were you or your loved one recently arrested for allegedly being in possession of cocaine in Florida? You will want to immediately contact Terrezza Law for help achieving the best possible outcome to your case.

Pensacola drug crime attorney John Terrezza defends clients in communities throughout Santa Rosa County and Escambia County. He will provide an honest and thorough evaluation of your case to help you understand your legal options when you call (850) 764-5291 or send us an online contact form for a free consultation.

Overview of Cocaine Possession in Escambia County

Cocaine Possession Penalties in Florida

Florida Statute § 893.13(6)(a) makes it a third-degree felony for a person to be in actual or constructive possession of cocaine. The type of possession has no additional impact on the criminal charges, but it can impact the ability of a prosecutor to obtain a conviction.

Actual possession is defined as when alleged offenders have controlled substances on their physical person. Cocaine that is in a person’s hand, pockets, or close enough to be within the alleged offender’s reach and under that person’s immediate control is considered actual possession.

Constructive possession applies when cocaine is found not on the actual person of an alleged offender but in an area under the alleged offender’s control, such as in a house or car. Allegations of cocaine possession involving constructive possession can be harder to prosecute because the knowledge of drug’s presence required for conviction is usually based on circumstantial evidence.

Third-degree felony offenses carry very stiff punishments for convictions. Alleged offenders may be sentenced to any combination of the following:

Up to five years in prison;
Fine of up to $5,000; and/or
Driver’s license revoked for one year.

It is important to note that third-degree felony charges for cocaine possession only apply to cases in which a person allegedly possesses less than 28 grams. When alleged offenders are in possession of 28 grams or more of cocaine, they can face drug trafficking charges.

Defenses for Cocaine Possession in Pensacola

An arrest is not the same as a conviction, and there could be any number of possible issues that could be raised to fight the criminal charges. An attorney can help you explore all of your possible defense options.

While every case is different, some of the most common defenses in these types of cases include, but are not limited to:

Illegal Search and Seizure — The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures, requiring law enforcement to have warrants supported by probable cause when alleged offenders do not consent to searches. Fourth Amendment claims can be common in cases involving cocaine discovered by drug-sniffing dogs.

Lack of Knowledge — The first requirement in Florida Standard Jury Instructions § 25.7 for possession of a controlled substance is that the state must prove beyond a reasonable doubt that the alleged offender knew of the presence of the controlled substance in question. In cocaine possession cases based on constructive possession, an alleged offender may be able to argue they were completely unaware of the drug because it belonged to somebody else.

Cocaine Overdose — Under Florida Statute § 893.21, a person who experiences a drug-related overdose and is in need of medical assistance or a person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose cannot be charged with cocaine possession if the evidence was obtained as a result of their seeking or need for medical assistance.

Drug Was Not Cocaine — The rise in synthetic drugs has led to many substances that resemble illegal drugs. If a crime lab analysis of the cocaine in question reveals that the supposed drug was not actually cocaine, possession may be legal if the substance is not otherwise prohibited by state law.

Florida Cocaine Possession Resources

Cocaine Anonymous (CA) Florida Area — CA identifies itself as “a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem, and help others to recover from their addiction.” It is similar to Narcotics Anonymous (NA) in that both use a 12-step program, but NA is open to all types of drug addicts while CA is exclusively for people addicted to cocaine. On this website, you can find the dates and times of meetings in the Pensacola area and see a calendar of upcoming events.

Fair Sentencing Act of 2010 (FSA) — The Anti-Drug Abuse Act of 1986 established a mandatory minimum sentence of five years in prison without parole for possession of five grams of crack cocaine despite the fact that an alleged offender needed to be convicted of possessing 500 grams of powder cocaine to receive the same mandatory sentence. The FSA reduced this 100:1 disparity to 18:1 after reports from the United States Sentencing Commission suggested that the penalty levels for crack and powder cocaine should be reexamined. While the FSA was not retroactive and fell short of the one-to-one ratio many observers felt would be most fair, the Sentencing Commission has estimated that the enactment of the FSA means nearly 3,000 people charged with federal crack offenses will receive shorter sentences. You can read the United States Sentencing Commission’s Report on the Impact of the FSA on this website.

Find a Lawyer for Cocaine Possession in Pensacola, Florida

If you have been arrested for allegedly possessing cocaine in Florida, it is critical for you to immediately seek legal counsel. Terrezza Law defends clients accused of drug offenses all over the greater Pensacola area, including Milton, Pensacola Beach, Gulf Breeze, and many other communities.

John Terrezza is a drug crimes attorney in Pensacola who represents clients in all stages of criminal cases, including assert forfeiture, appeals, and expungement. Call (850) 764-5291 right now to set up a free, confidential consultation that will let our lawyer review your case.