Apr 30, · If you are caught with cocaine in your possession, you can face state misdemeanor, felony or federal felony charges, which result in serious legal and financial burdens. Amount of Cocaine Possessed The amount of cocaine in an individual’s possession determines the classification and severity of the charges he or she faces when caught. Apr 25, · Those caught with under 28 grams of cocaine will likely face simple possession charges. These are felony charges that can carry up to at least two years in jail but as many as 15 years for a first offense. Second or subsequent offenses will carry harsher penalties, including a five year minimum sentence and a 30 year maximum waltergretzky.comon: Powers Ferry Road, Suite , Atlanta, , GA.
By Deborah C. Cocaine is a powdery, potent stimulant derived from the leaves of the South American coca plant. Under federal law and the law of all states, possession of any amount of cocaine without a prescription bappens a crime. Possessing crack cocaine a form of cocaine that is processed what organelle converts sunlight to chemical energy further than powder cocaine, to achieve a cheaper version carries heavier penalties under federal and some state laws.
For more information on state laws dealing with cocaine possession, see Drug Possession Laws. For more information on penalties for crack cocaine, see Crack Cocaine vrs. Federal law includes cocaine in its list of narcotic drugs that have a potential for abuse and dependency, but have some medical utility Schedule II drugs.
The law The Controlled Substances Act is broadly worded to encompass any derivative of or extract from coca leaves. In many areas of the Andes Mountains and elsewhere in Peru, Happpens, and other South American countriespeople chew raw, fresh coca leaves for a cocaie mood and energy enhancement.
Such leaf consumption would be treated as illegal cocaine use and possession under U. A person illegally possesses cocaine if he or she knowingly has cocaine on his or her person such as in a pocket or under his or her personal, physical control for example, in a purse. Knowingly means that the person with the cocaine knew that he or she had the drug on them and knew it was illegal. So, if someone takes a box labeled baking soda and has no knowledge or reason to know that the box actually contains cocaine, that person does not knowingly possess cocaine.
This is the simplest, most obvious how to seal sink drain of possession. But how to open compressed zip file definition of possession does not stop here when it comes to illegal narcotic drugs such as cocaine.
Under U. So, a person has constructive possession of cocaine in situations in which the law interprets him or her to have legal control over the drug. This definition is much broader than shock doctor mouth guard how to fit physical control and covers a lot of ground.
In the most obvious situation, when a customs agent finds cocaine happenx a suitcase belonging to an individual, that individual could be charged with constructive possession of narcotics. In a much less obvious situation, the discovery of cocaine under shrubbery beside which an individual had parked his vehicle led to a charge of constructive possession against the caughh owner.
Authorities have charged individuals with constructive possession of cocaine where the drug was found in:. In order for a defendant to be convicted of constructive possession of cocaine, the prosecutor must prove that the defendant had the power and intent to control the substance, and knowledge that the substance was cocaine. At times, it is enough that an individual is closely associated with another person who possesses cocaine to establish constructive possession by the first person.
For example, an individual could be charged with constructive possession for cocaine found in the purse of a passenger in his or her car, or for cocaine found in the home of another person with whom the defendant was closely associated if a plan to jointly possess the drug can be shown. There are several defenses to simple and constructive possession of cocaine.
Here are a few of them. In the example given above of the person possessing a box of cocaine that she believes to be baking soda, she will be acquitted if wih can show that she genuinely and reasonably believed that the box did not contain cocaine.
If the defendant can show that he had no intent to control the drug, he may be acquitted. The term of imprisonment and the amount of the fine may be affected by the quantity of the drug seized. A charge of possession with intent to distribute sell cocaine greatly increases the penalties.
Cocaine possession may also be punished by the states. For more information on possession of illegal drugs, including state-specific articles, begin with Drug Laws and Drug Charges. As noted above, the penalties for crack cocaine possession may be greater than for powder cocaine. Cocaine possession is a serious crime. If you have been investigated for or charged with the crime, you should see a lawyer immediately.
Only an experienced criminal defense lawyer who is familiar with the law in your state or, if the case is in federal court, an experienced federal practitioner will be able to advise you as ccaught the strength of the case against you and the availability of any defenses. And only a local lawyer who knows the prosecutors and judges in your courthouse can give you a realistic assessment on how the case is likely to proceed.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed how to watch all nfl games on dish network use of the site. The attorney listings on this site are paid attorney advertising. In some states, the how to download autocad 2007 on this website may be considered a lawyer referral service.
What is Cocaine? Authorities have charged individuals with constructive possession of cocaine where the drug was found in: a home, vehicle, business, or other property owned or rented by the individual a hotel room in which the individual was a guest cauught social club id by the individual a warehouse used by the individual, and a parcel addressed to the individual.
Common Defenses to Cocaine Possession There are several defenses to simple and cocain possession of cocaine. Lack of knowledge Coccaine the example given above of the person possessing a box of cocaine that she believes to be baking soda, she will be acquitted if she can show that she genuinely and reasonably believed that the box did not contain cocaine. See a Lawyer Cocaine possession is a what does the army do when not at war crime.
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Dec 19, · What happens if you're caught with cocaine is you will face mandatory probation and up to five years in prison. Most states categorize possession of cocaine charges first by weight, then by intent to distribute. Learn more and consult with an attorney for free below. Written by Jeffrey JohnsonOccupation: Insurance Lawyer. May 02, · You probably already know that cocaine is illegal across the country. It is a Schedule II drug, and being caught with it could lead to jail sentences and fines. Simple possession may lead to a fine of up to $2, and a jail sentence of up to a year. Keep in mind that possession is a significantly less serious crime than the sale of waltergretzky.comon: 15 Salem Avenue SE Suite , Roanoke, , Virginia. Feb 11, · Under federal law and the law of all states, possession of any amount of cocaine without a prescription is a crime. Possessing crack cocaine (a form of cocaine that is processed even further than powder cocaine, to achieve a cheaper version) carries heavier penalties under .
Secured with SHA Encryption. Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J. Written by Jeffrey Johnson Insurance Lawyer. We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy.
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Possession of cocaine is a serious charge. In fact, the penalties for possession are generally much steeper than penalties for other drugs. A defendant charged with possession of cocaine should know how they can be charged, the penalty ranges for a possession of cocaine charge, and common strategies for reducing the effect of the charges.
Most states categorize possession of cocaine charges first by weight. Less than a gram, which is smaller than a sugar packet, will result in the lowest level of felony. From there, the weight categories are broken into degrees. The higher the weight, the higher the degree of felony a person can be charged with. Most defendants only worry about the weight of the substance, however, packaging and purity can also influence how a person is charged. Cocaine can be distributed in several forms, such as in crack rocks pieces of cocaine or in powdered form in small baggies.
If a defendant possesses several small baggies or several crack rocks that look like they have been prepared or packaged for distribution, then the prosecution may increase the punishment range of the charge by alleging that the person possessed the cocaine with intent to deliver. Some states call this with intent to distribute. Another factor that can influence a cocaine charge is the purity of the cocaine. Purity level can also influence whether or not the federal government will take the charges.
The higher the purity level of the cocaine, the more likely a defendant is to be charged in the federal system, rather than the state system. How a defendant is charged will influence the penalty ranges. The lower level punishments for mere possession of cocaine charge can range from automatic probation up to five years in prison.
The punishment ranges for possession of cocaine for large amounts increase incrementally by weight and range from five to ninety-nine years. Some states will enhance the minimum ranges or deny parole eligibility depending on aggravating circumstances. Circumstances that can aggravate a cocaine charge include possession within a drug-free zone like around a school , having a firearm, having a child present when the drug was consumed, and the purity level of the cocaine.
The penalties for possessing cocaine with intent to distribute are even higher than those for straight possession. Many states will increase the felony level up to the next higher felony category. Options for a defendant charged with possession of cocaine will vary depending on the facts of their arrest and their criminal history. If a defendant has been caught red-handed, the first major strategy would be to try to reduce the level of charges.
Being a cocaine user or addict will garner more favorable sentencing options than that of a cocaine dealer. Cocaine dealers are usually charged with higher degree felonies. A second strategy is to develop a history of cocaine addiction.
This tactic is more successful in some jurisdictions than others, but more and more jurisdictions are offering treatment alternatives to addicts. Even if a defendant is sentenced to prison time, many states offer good conduct bonus points for defendants who enroll and successfully complete treatment programs.
Some states provide probation and drug treatment or drug diversion in lieu of jail or prison time. This can even benefit a defendant who is selling the drug if a defendant can show that he was also using the drug. In some states, such as California, a defendant charged with even a serious felony may receive a suspended prison sentence if they agree to undergo drug rehabilitation.
If the defendant fails treatment or fails to successfully complete probation, the suspended prison sentence may be imposed automatically by a judge. The third strategy is to see if a defendant can influence where their charges will be handled. If a defendant possessed a large quantity of cocaine and had an extensive history, some states will increase punishment ranges up to life in prison.
However, the federal system can actually result in a shorter sentence with downward departures, or reduced sentences, for cooperative efforts. Regardless of whether a defendant is charged with possessing a small or large quantity of cocaine, the charge should be taken seriously as a felony-level offense.
Cocaine is historically and consistently recognized as a bad drug that every state seeks to regulate. How a defendant handles his first possession of cocaine charge can influence their criminal history, rehab options, and future sentencing options if they should ever be charged again. Skip to content. Possession of Cocaine Possession of cocaine is a felony charge. What happens if you're caught with cocaine is you will face mandatory probation and up to five years in prison.
Most states categorize possession of cocaine charges first by weight, then by intent to distribute. Learn more and consult with an attorney for free below. Table of Contents. Get Legal Help Today Find the right lawyer for your legal issue. Why was I charged with drug possession? License Suspension for Marijuana Possession in Virginia I was arrested for possession of cocaine, but it was just dust residue.
Can they do that? Police found marijuana on the floor and charged everyone in the car. Can they do this? Possession of Marijuana. Insurance Law.
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