Cocaine possession laws are some of the strictest drug laws on the books. No matter where you live, if you are charged with possession of cocaine, you are facing at least some jail time, and anytime your freedom is on the line you need someone advocating for your best interests.
Drugs are classified by their addictiveness and their dangerousness. Cocaine is considered one of the most addictive and dangerous drugs on the market, and thusly is penalized accordingly by most state criminal statutes.
Unlike some marijuana possession laws, your chance of getting a mere slap on the wrist is much less likely if you are convicted of possessing cocaine. There are no states that have decriminalized cocaine possession, and none are likely to do so.
Cocaine Possession Penalties
The penalty you face for cocaine possession depends on the state in which you are charged. Some states classify possession of a small amount of cocaine as a misdemeanor offense, carrying up to one year in jail.
But the more cocaine you are accused of having and the more extensive your criminal history, the more likely you are to face felony charges. In many states, it takes no more than 5 grams of cocaine to warrant felony charges; in others it is even less.
When you are convicted of any crime, but especially a felony, you are forced to carry that label around for the rest of your life. A defense attorney may be able to help you prevent this from happening.
The best time to protect your rights in a criminal case is before you are convicted, by conducting a thorough and vigorous criminal defense. Once you plead guilty, your case is essentially over, and you are stuck with a criminal drug conviction on your record that may never go away.
Cocaine Drug Possession Defense Strategies
When working with a defense lawyer, determining the best course of action for your case is done after much evaluation and research. Your defense strategy will depend on the facts of your case, what led to your arrest, the arrest itself, your criminal history, and a variety of other factors.
The physical evidence in your case is often where a defense lawyer will begin the analysis of your case. If your rights were violated in the search or if there is any question as to the integrity of the evidence, we can motion the court to suppress the evidence, making it inadmissible in court.
If you are innocent of the charges against you, your attorney will work tirelessly to defend your good name in the local court system, potentially taking the fight all the way to trial.
Plea Bargains Options
The vast majority of cocaine possession cases end in plea bargains. This is where you agree to plead guilty to a portion or all of the charges against you in exchange for a more lenient penalty. The terms of the agreement will be determined by you and your attorney, and the prosecutor. Many times plea agreements help you, the defendant, avoid jail time altogether.
Many jurisdictions across the nation allow cocaine possession cases to be handled in drug courts. These courts are designed to get the accused help for their addiction rather than strictly penalize them. In this manner, you will be required to adhere to some fairly stringent conditions, including frequent court check-ins and drug treatment.
Your success in drug court is determined by your ability to adhere to the terms of the court. If you fail, your case could be sent back to the criminal court division.
Cocaine possession charges are a serious matter and something you should not face alone. If you are accused of possessing cocaine, contact us to consult with a local defense lawyer today.