In Florida, it is unlawful to possess any amount of cocaine. Pursuant Florida Statute 893.13, possession of cocaine in Florida occurs if a person is in actual or physical control of cocaine and knows of the presence of the substance.
Penalties for Possession of Cocaine in Florida
Possession of a Cocaine in Florida is classified as a third degree felony, which is punishable by up to five (5) years in prison, five (5) years probation, and a $5,000.00 fine.
A conviction for Possession of Cocaine in Florida will also result in a two (2) year driver’s license revocation.
Pursuant to Florida Statute 775.084, a previous conviction of Possession of a Cocaine may be used to classify a defendant as a Habitual Felony Offender, which will double the maximum possible prison sentence from five (5) years to ten (10) years.
Pretrial Intervention for Possession of Cocaine in Florida
The charge of Possession of a Cocaine in Florida may be referred to the Pretrial Intervention (PTI) Program in Florida. The PTI Program is run by the State Attorney’s Office in any particular county. PTI is generally reserved for defendant’s with a minimal prior criminal history.
The PTI Program is similar to probation, in the sense that a defendant must report to an officer, submit to random drug tests, participate in drug treatment, and comply with any specific requirements ordered by the State Attorney’s Office. The potential of having a Possession of a Cocaine charge referred to the PTI Program requires details negotiations between a skilled Jacksonville Criminal Defense Attorney and the State Attorney’s Office. If a defendant successfully completes the PTI Program, all criminal charges will be dropped.
Defenses to Possession of a Cocaine in Florida
In addition to pretrial and trial motions, common defenses to Possession of a Cocaine include:
- Constructive Possession;
- Lack of Knowledge;
- Fourth Amendment Violation;
- Invalid Search Warrant;
- Invalid Consent to Search;
- Invalid K-9 search or “alert”;
This list of several common defenses to Possession of a Cocaine is not exhaustive. Each case must be analyzed based on its own specific facts and circumstances.
Contact Jacksonville Drug Possession Lawyer Michael Rainka
If you have been arrested or charged with Possession of a Cocaine in Florida, including Jacksonville, Duval County, St. Johns, County, Nassau County, Clay County, Flagler County, or Northeast Florida, contact Rainka Law now. Michael Rainka is a skilled and aggressive Drug Crime Attorney in Jacksonville. The initial consultation is always free.