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Dealing with a cocaine possession indictment is a serious drug offense and holds the potential to ruin various aspects of your life. Your freedom, finances, and reputation will all be in risk since law mandates harsh sentences regardless of the amount. For such a reason, you should not plead guilty to your indictments before consulting with a skilled, well-experienced and highly-reliable cocaine possession criminal defense attorney. Even if you think your case is helpless, there may be some ways to a positive resolution. Our criminal defense attorneys can help you out.
How is Cocaine Possession Defined?
Under the Penal Code, it is considered as illegal to knowingly and intentionally possess cocaine, any cocaine compounds or derivatives, or even coca leaves. It means that so as to indict you, a prosecuting attorney must be able to prove beyond a reasonable doubt that:
-The substance in your possession was cocaine, contained cocaine, or was one of its derivatives or the actual plant (usually proved by a lab report)-You knew of and intended to have this substance in your possession (usually proved through the context in which you were caught with the cocaine)
The Penal Code allows cocaine possession for those who might have a prescription for the medical use of cocaine, or for those who might be using it in the context of medical research. These exceptions almost never apply to cocaine possession cases.
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Sentences for Cocaine Possession
The legal consequences that you shall deal with will depend on the amount of cocaine found:
-1 g or less–Jail felony involving 180 days to 2 years in prison and $10,000 in fines-1 to 3.99 g–Third-degree felony carrying a conviction of 2 to 10 years in prison and $10,000 in fines-4 to 199 g–Second-degree felony punishable by 2 to 20 years in jail and $10,000 in fines-200 to 399 g— the First-degree felony carrying a 5 to 99-year jail sentence and $10,000 in fines-Over 400 g–Enhanced first-degree felony with 10 to 99 years in jail and $100,000 in fines
Meanwhile such criminal sentences are grim, they do not tell the whole story of a cocaine possession sentence. In addition to fines and jail time, you may have to tackle down the following side after-effects:
-Paying court costs-Attending court-ordered substance abuse programs at your own expense-Severely limited employment prospects (your cocaine possession conviction will be visible in background checks, and you will be barred from exercising certain professions)-Possible deportation for immigrants-Negative effects on your child’s custody-Inability to vote in public elections-Revoked right to own firearms
Taken together, the effects of a cocaine possession sentence are grievous. This is why it is critical that you not plead guilty before consulting with a cocaine possession criminal defense attorney. There may be ways for you to avoid all or some of these sentences.
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Cocaine Possession Criminal Defense Attorney
When you contract the services of our criminal defense attorneys, rest assured that every possible way for defending against your cocaine possession indictment will be explored. While each case is different, there are some common defenses to drug possession indictments, such as:
-Filing a motion to suppress–Your defense attorney can ask the court to exclude any evidence that was obtained in violation of your rights. For instance, if you were arrested with cocaine during a traffic stop where the law enforcement did not have a reason why they pulled you over, the cocaine cannot be used as evidence against you. Or whether the law enforcement found cocaine after performing an unlawful search of your property, the prosecuting attorney cannot use it.-Requesting the dismissal of the indictments–Whether the motion to suppress succeeds, the prosecuting attorney may not have enough evidence left to connect you with the offense. In such a case, our criminal defense attorneys would file a motion to dismiss the cocaine possession indictments.-criminal lawyer Cyberextortion Drug Law Real Estate attorneys Common assault criminal lawyer Sexual Abuse Fraud Online Drug Peddler Credit Card Cloning Car Accident International Drug Bribery Crimes Drug smuggling Inheritance Law Car Accident criminal lawyer Cyberattack Real Estate Drug smuggling Cyberattack Criminal Law Drug Traffickers Computer Crime Drug smuggling Manslaughter Drug Dealer Identity Theft Drug Law ABH- actual bodily harm Divorce Law Drug dealing Racketeering Cyberextortion Drug Crime Drug smuggling Real Estate Criminal Defense Drug Dealer Drug Peddler Drug Traffickers Manslaughter Cyberextortion Divorce Law Credit Card Cloning Drug trafficking Online Harassment Drug dealing Family Law Driving offences Drug Dealer Identity Theft Drug Peddler Cyberterrorism Drug offences Criminal Defense Criminal Law Real Estate Hacking Crimes Cyberterrorism Family Law Manslaughter Drug Pusher International Drug Drug Law Carding Fraud Computer Crime-Proving reasonable doubt at trial–Jury will be instructed to acquit you whether the prosecuting attorney fails to prove every element of your case beyond a reasonable doubt. It means that if your criminal defense lawyer can prove that there is a reasonable possibility that you did not knowingly and intentionally possess cocaine, you may avoid a sentence. There are many plausible scenarios in which an individual could unknowingly come into cocaine possession.-Seeking enrollment in drug court–Instead of receiving a criminal sentence, some people indicted for drug-related crimes may willfully undergo a year to a year and a half of drug court supervision. This will involve intensive counseling and regular drug testing. Drug court is not easy, nor is it available to everyone, but it is a good way of getting your life on track while avoiding the worst punishments of a cocaine possession sentence.-Negotiating a beneficial plea deal–In some cases, pleading guilty may be your best option. But your criminal defense lawyer can work with the prosecuting attorney and judge to get a relatively lenient conviction. Many factors, including the impression you make on the court, will determine what sort of plea arrangement you can get.
Attorney Ned Barnett has built his reputation on his ability to obtain favorable outcomes for clients facing serious criminal charges. He specializes in high-stakes legal situations where aggressive advocacy and strategic thinking are required.
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If you have been indicted for cocaine possession, please do not hesitate to retain our skilled, highly-reliable and well-experienced criminal defense attorneys.