Just because it is a common drug does not make the penalties for cocaine any less serious. You will need an experienced Pensacola cocaine possession attorney. Call Jason Cromey today.
Possession of Cocaine: F.S. 893.13

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Possession of Cocaine: F.S. 893.13

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Possession of Cocaine – Cocaine is Schedule I controlled substance under Section 893.03, Florida Statutes. A Schedule I substance is one that the law says has no known medicinal value, is highly addictive, and cannot be distributed safely. Under Section 893.13, Florida Statutes, possession of cocaine is a third-degree felony charge, which means that being caught with just a tiny amount of powder cocaine or one piece of crack cocaine will have you facing up to five years in state prison.

Under Florida law, there are two types of possession: actual and constructive. Actual possession means the person is aware of the presence of the substance and that it is either:

  1. In the hand of, or on the person;
  2. In a container in the hand of or on the person; or
  3. The substance is so close as to be within ready reach and is under the person’s control.

Simply put, actual possession means it’s on you or next to you, and you know it. The second type of possession is constructive possession. Constructive possession means that the person is aware of the presence of the substance, the substance is in a place over which the person has control, and the person can control the substance. An example of constructive possession is having cocaine in your purse, next to your driver’s license, in the trunk of your car.

An experienced Pensacola criminal defense attorney is familiar with the defenses to this charge. There are many defenses to possession of cocaine under Florida law. For example, if there are multiple people inside a car, the drugs are not in plain view, and nobody tells the cops who it belongs to, the State will be unable to prove who owns the drugs. 

Even if you’re caught red-handed with a bag of cocaine in your pocket, there are many other ways to try and keep your record clean. The stop or search may have been illegal. If the judge agrees that the police found the drugs illegally, the State will have to drop the case. Finally, if you have little to no record, you may also be eligible for a diversion program that would end with the dismissal of the charges.

Long story short, cocaine possession is serious, and you should contact a seasoned criminal defense attorney.