Queens Cocaine Possession Lawyer
Cocaine is a drug that is a stimulant and that can be highly addictive. There are people who lose their jobs and the relationships that they have just to get the drug and keep it on them at all times so that they can achieve the high that it offers. Most of the time, cocaine is a white powder. The person using the drug will often take a bump or a hit from the small ball of cocaine. Sometimes, the drug is cut with other substances to either decrease or increase its impact on the mind and body. If you are caught with cocaine, you can be charged with possession. This is the time when you need to consider talking to a Queens lawyer who can offer assistance.
In simple terms, possession of cocaine is holding the drug or the drug being found on your personal property at any time. Sometimes, possession has a few different meanings when it comes to how the law views the definition.
Simple possession is a straightforward charge where you know that you have cocaine on you or on your property. It could be in a pocket, or it could be in a wallet or purse that you’re carrying. Sometimes, an officer will charge you with simple possession if cocaine is in your vehicle. This charge relies on you knowing that you have the drug in your possession and that you know it’s illegal to have that drug. If you pick up a box that is supposed to have baby powder in it and there is actually cocaine inside without your knowledge, then this usually would not constitute cocaine possession because you were unaware of the contents of the box.
Another type of cocaine possession is constructive possession. This means that the officer interprets from the evidence presented that you have possession of the drug. Unfortunately, this definition of possession is quite broad. If cocaine is found in a bag that is with you, then you can be charged with possession even if the bag isn’t really yours. It’s often left to the officer’s discretion as to whether you will be charged with possession or not. Constructive possession charges can be given if cocaine is found inside a home or business that belongs to you, in a hotel room, in a club, in a warehouse or inside a package that is addressed to you.
The prosecution must have enough evidence to charge you with possession. There must be information presented that will show that you have the knowledge of having the drug or that you know that the drug is nearby. Possible consequences of being found guilty of cocaine possession include jail for several months to several years depending on the amount of cocaine and your record. A first offense usually results in one year in prison and fines of at least $1,000.
Your attorney can help with defenses that you can use in court. A common defense that you can discuss with your attorney is lack of knowledge. If you honestly didn’t know about the cocaine, then this should be easy to prove. Another defense is lack of power to control the drug. You would need to show the attorney that you had no intention to have any control over the drug for this defense to be used.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic