I examine each cocaine case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion or drug court may be an option. If you resolve your cocaine case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced and aggressive possession of cocaine defense lawyer is essential. I have defended hundreds of possession, possession with the intent to sell, sale and trafficking in cocaine cases. My goal is to do whatever is necessary to avoid a felony drug conviction. Once hired, I will:
- Collect and review all government evidence;
- Identify all possible defenses;
- Negotiate with your prosecutor for a dismissal or reduced charges;
- Qualify you for a pretrial diversion program, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
Did you Possess the Cocaine?
Under Florida law, individuals charged with possession of a controlled substance do not need to own the cocaine in order to possess it. In Florida, a person can possess drug paraphernalia in two ways: actual possession or constructive possession.
Actual possession
Refers to the drugs that law enforcement found on your actual person. This could include carrying an object in your pants pocket, your purse, etc.
Constructive possession
Refers to drugs found in an area near your person. For example, this could include suspected paraphernalia found in the car you occupied. Constructive possession is much more difficult to prove that actual possession.
Important Factors for any Possession of Cocaine Case
Before you can be convicted of possession of cocaine the State Attorney’s Office must prove that you possessed the cocaine. Possession can be actual, constructive or joint. Some important factors to consider in determining if you possessed the cocaine are:
- Where was the cocaine found?
- How many people had access to the cocaine?
- Was the cocaine found in someone else’s vehicle or house?
- Did the cocaine belong to someone else?
- Did someone else hide or conceal the cocaine?
Orange County Pretrial Intervention for Cocaine Offenses
Felony pre-trial intervention (PTI), often just called diversion, is a diversionary program offered by the State Attorney’s Office for possession of cocaine charges in Orange County and Osceola County. Completion of PTI will result in a dismissal of all felony drug charges. Admission to PTI is a 60 day process and admission relates to your current charges, prior record and facts of your current case. Orange County Drug Court and Orange County Drug Diversion Policy are additional diversionary court program for felony drug related charges.
Seminole County Tier One Drug Court
Seminole County does not offer diversion for any felony drug charge. However, Seminole County does offer a similar first-time drug court program for Seminole County residents charged with felony possession of cocaine. This first-time drug court program is called Seminole County tier one drug court and can be completed in as little as 12 weeks. Seminole County also offers the standard drug court program for Seminole County residents. This standard drug court program is called Seminole County tier two drug court and can be completed in as little as one year. Completion of any diversion or drug court will result in a complete dismissal of all drug charges.
Mandatory Six Month Driver’s License Revocation
If you are convicted of possession of cocaine, Department of Highway Safety and Motor Vehicles is required to revoke your driver’s license for a six month period. A possession of cocaine conviction results in a permanent criminal record and disqualifies you from ever having this conviction sealed or expunged from your criminal history.
Cocaine case law
Fletcher v. State, 168 So.3d 330 (Fla. 1st DCA 2015) Testimony that church services were held regularly at time of trial was not sufficient evidence of regularly conducted religious services at time of offense, which was approximately six months prior to trial, in prosecution for possession of cocaine within a thousand feet of a church and possession of cocaine with intent to sell within a thousand feet of a church.
Call Me Today
If you were recently arrested or charged with any Florida drug offense, please call my criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I examine each cocaine case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion or drug court may be an option. If you resolve your cocaine case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced and aggressive possession of cocaine defense lawyer is essential. I have defended hundreds of possession, possession with the intent to sell, sale and trafficking in cocaine cases. My goal is to do whatever is necessary to avoid a felony drug conviction. Once hired, I will:
- Collect and review all government evidence;
- Identify all possible defenses;
- Negotiate with your prosecutor for a dismissal or reduced charges;
- Qualify you for a pretrial diversion program, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
Did you Possess the Cocaine?
Under Florida law, individuals charged with possession of a controlled substance do not need to own the cocaine in order to possess it. In Florida, a person can possess drug paraphernalia in two ways: actual possession or constructive possession.
Actual possession
Refers to the drugs that law enforcement found on your actual person. This could include carrying an object in your pants pocket, your purse, etc.
Constructive possession
Refers to drugs found in an area near your person. For example, this could include suspected paraphernalia found in the car you occupied. Constructive possession is much more difficult to prove that actual possession.
Important Factors for any Possession of Cocaine Case
Before you can be convicted of possession of cocaine the State Attorney’s Office must prove that you possessed the cocaine. Possession can be actual, constructive or joint. Some important factors to consider in determining if you possessed the cocaine are:
- Where was the cocaine found?
- How many people had access to the cocaine?
- Was the cocaine found in someone else’s vehicle or house?
- Did the cocaine belong to someone else?
- Did someone else hide or conceal the cocaine?
Orange County Pretrial Intervention for Cocaine Offenses
Felony pre-trial intervention (PTI), often just called diversion, is a diversionary program offered by the State Attorney’s Office for possession of cocaine charges in Orange County and Osceola County. Completion of PTI will result in a dismissal of all felony drug charges. Admission to PTI is a 60 day process and admission relates to your current charges, prior record and facts of your current case. Orange County Drug Court and Orange County Drug Diversion Policy are additional diversionary court program for felony drug related charges.
Seminole County Tier One Drug Court
Seminole County does not offer diversion for any felony drug charge. However, Seminole County does offer a similar first-time drug court program for Seminole County residents charged with felony possession of cocaine. This first-time drug court program is called Seminole County tier one drug court and can be completed in as little as 12 weeks. Seminole County also offers the standard drug court program for Seminole County residents. This standard drug court program is called Seminole County tier two drug court and can be completed in as little as one year. Completion of any diversion or drug court will result in a complete dismissal of all drug charges.
Mandatory Six Month Driver’s License Revocation
If you are convicted of possession of cocaine, Department of Highway Safety and Motor Vehicles is required to revoke your driver’s license for a six month period. A possession of cocaine conviction results in a permanent criminal record and disqualifies you from ever having this conviction sealed or expunged from your criminal history.
Cocaine case law
Fletcher v. State, 168 So.3d 330 (Fla. 1st DCA 2015) Testimony that church services were held regularly at time of trial was not sufficient evidence of regularly conducted religious services at time of offense, which was approximately six months prior to trial, in prosecution for possession of cocaine within a thousand feet of a church and possession of cocaine with intent to sell within a thousand feet of a church.
Call Me Today
If you were recently arrested or charged with any Florida drug offense, please call my criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
