In Florida, possessing any amount of cocaine is a third-degree felony. There is no misdemeanor tier for a small amount the way there is for marijuana, so these cases are taken seriously from the start.
What does the State have to prove in a cocaine case?
Prosecutors must show that the substance is cocaine, that you knew it was there, and that you had control over it. Each part can be challenged. A field test is not proof. The State needs a lab result, and the weight, the chain of custody and the way the evidence was handled all matter.
What is constructive possession?
If the drugs were not on your body, the State has to connect them to you. A shared car, a shared house, a friend’s bag or a jacket you borrowed can all raise a real question about whose it was and whether you knew. Being near drugs is not the same as possessing them.
Why does the search matter?
Cocaine cases usually begin with a stop, a search or a consent. I look hard at whether the officer had a lawful reason for each step. If the search was unlawful, the evidence can be thrown out, and the case may end.
How do amount and intent affect the charge?
Larger amounts can move a case from possession toward sale or trafficking, which carry much heavier penalties, including mandatory prison terms at higher weights. Small amounts packaged in a way an officer calls “for sale” can also raise the charge. How the State describes the amount is worth testing.
Can treatment or diversion be an option?
For some people the right outcome is treatment rather than a prison sentence. Drug court and pretrial diversion programs exist in this area, and eligibility depends on your record and the facts. I will talk with you about whether it fits.
If you have been charged in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 893.13(6)(a); 893.03(2)(a) (Schedule II); 893.135 (trafficking).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: Drug possession defense, Prescription Pill Possession Charges in Florida, Marijuana Possession Charges in Tampa Bay.