Cocaine Possession - Flagler County DUI Attorney

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Cocaine Possession

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Attorney Kevin J. Pitts
747 South Ridgewood Ave., #105
Daytona Beach, FL 32114
PHONE (386)-451-5112
CELL (407)-883-6853
FAX (407)-732-4834
pittslaw@gmail.com

The Law Offices Of Kevin J. Pitts

Flagler County Call 386-451-5112

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Flagler County Cocaine Possession Attorney

In Flagler County Cocaine possession and Cocaine trafficking cases the state must prove multiple elements to obtain a conviction. Cocaine is a schedule II controlled substance. A Schedule II substance means that the substance has some limited but severely restricted medical use, that there is a potential for abuse of the substance and that abuse may lead to severe psychological or physical dependence. What is Trafficking of Cocaine in Flagler County? Cocaine trafficking does not require a buyer, seller, or an exchange of goods for money. A person may commit the crime of trafficking in cocaine by selling cocaine, or purchasing cocaine, or manufacturing cocaine, or delivering cocaine, or bringing cocaine into Florida, or by possessing cocaine. The most frequent way this crime is charged is by alleging possession of a quantity of cocaine without any evidence of a buyer or seller or an exchange for money.

What must the Flagler County State Attorney’s Office prove? To prove the crime of Trafficking in Cocaine, the State must prove the following four elements beyond a reasonable doubt: 1) The defendant knowingly sold, purchased, manufactured, delivered, brought into Florida, or possessed a certain substance; 2) The substance was cocaine or a mixture containing cocaine; 3) The quantity of the substance involved was 28 grams or more; and 4) The defendant knew that the substance was cocaine or a mixture containing cocaine. It is NOT a defense to the crime that the defendant intended to traffic in heroin but actually trafficked in cocaine. Does the purity of the mixture affect the crime of trafficking in cocaine? Any mixture that contains cocaine makes the entire mixture a controlled substance. The amount or weight of the mixture determines the minimum mandatory sentence. When determining the amount or weight, the courts do not consider the percentage of cocaine in the mixture. They simply weigh the entire mixture and consider all of it as an illegal compound. If a kilogram Kilo or Key of cocaine has been "cut" with something else and the mixture is 25% cocaine and 75% filler, the courts still consider that a kilogram of cocaine, even though most of it is not cocaine.

The meaning of the words sell, purchase, manufacture, deliver, and bring into Florida mean exactly what you think they mean. What is actual possession? Possession may be actual or constructive. Actual possession means: the controlled substance is in the hand of or on the person, or the controlled substance is in a container in the hand of or on the person, or the controlled substance is so close as to be within ready reach and is under the control of the person. What is constructive possession of cocaine? Constructive possession means the controlled substance is in a place over which the defendant has control, or in which the defendant has concealed it. In order to establish constructive possession of a controlled substance in a place over which the defendant does not have control, the State must prove the defendant’s 1) control over the controlled substance and 2) knowledge that the controlled substance was within the defendant’s presence. If a person has exclusive possession of a controlled substance, knowledge of its presence can be assumed or inferred. If a person doesn’t have exclusive possession of a controlled substance, knowledge of its presence may not be assumed or inferred. Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control. If the police found cocaine in or on a table in the family room of a house occupied by 2 or more people and no one confessed to the crime. Then each person would have the defense of mere proximity. Because, they were arrested in the family room which is a common room open to all residents of the house and any one of them could have left it there. Knowledge of the illicit nature of cocaine is not required but, lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. Knowledge of the illicit nature of the substance means that the defendant knew the substance was cocaine and illegal. If the jury makes a finding that the defendant was in actual or constructive possession of the controlled substance, there is a rebuttable presumption that the defendant was aware of the illicit nature of the controlled substance. The presumption can be rebutted if the defendant puts on a defense to explain how and where they innocently came to be in possession of the container and didn't know that it contained cocaine. For example, the defendant may have borrowed a bag of flour (that unknown to the defendant contained cocaine). The defendant could call witnesses who were present when he or she borrowed the flour.

What are the mandatory minimum sentences for Flagler County cocaine trafficking and cocaine possession? Flagler County cocaine possession less than 28 grams has no mandatory sentence. Flagler County cocaine possession 28 grams or more but less than 200 grams = 3 years and a fine of $50,000; Flagler County cocaine possession 200 grams or more but less than 400 grams = 7 years and a fine of $100,000; Flagler County cocaine possession 400 grams tor more but less than 150 kilograms = 15 years and a fine of $250,000; Flagler County cocaine possession 150 kilograms or more = life (pbl).

What are the lesser included offenses for Flagler County Cocaine Trafficking? If caught for trafficking by possession in a quantity of 150 kilograms or more the jury could find that the state did not prove the quantity and convict on Flagler County cocaine trafficking of 400 grams or more but less than 150 kilograms (15 year mandatory minimum). A jury could find that the state did not prove the quantity charged and convict on Flagler County cocaine trafficking of 200 grams or greater but less than 400 grams (7 year mandatory minimum); or Flagler County cocaine trafficking of more than 28 grams but less than 200 grams (3 year mandatory minimum); or if they find less than 28 grams, they could convict on possession of cocaine (no mandatory minimum). A jury could also find attempted Flagler County cocaine trafficking or attempted Flagler County cocaine possession.