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Defenses to Cocaine Charges
Many times the best defense to cocaine charges, whether
trafficking in cocaine or simple possession of cocaine, is a motion
to suppress. That means that the police or federal agents violated
your constitutional rights. As a general rule, police or federal
agents may not enter your house or hotel room without a search
warrant. If the government violates your fourth amendment rights,
your drug case may be suppressed, or thrown out of court. This also
applies to bad stops of motor vehicles. Also, you have a
constitutional right to a jury trial. You can set it for trial and
force the state to prove their case beyond all reasonable doubt.
Most cocaine trafficking cases that go to trial involve constructive
possession. That means the drugs were not found on your person. A
constructive possession charge is much harder for the State to prove
than actual possession. Actual possession is when they find the
drugs on you. The State must prove that you knew of the presence of
cocaine, the illicit nature of the cocaine, and you exercised
dominion and control over it. I talk more about this on the drug
video on my home page. Early intervention in Florida criminal
defense matters, specifically cocaine offenses, can be essential to
getting your charges reduced or dropped.
Recent Cocaine Case Wins
TRAFFICKING IN COCAINE AND MARIJUANA
- Conviction & 20 year sentence Reversed based on my special
requested jury instruction
On appeal, the client claimed that the trial court erred in
refusing to give the special jury instruction written by me, his
trial lawyer. The instruction more accurately stated the law to be
applied in his constructive possession of cocaine case. At trial, I
requested a special jury instruction on constructive possession
where the contraband (cocaine and marijuana) is found on jointly
possessed premises. The trial court denied the request and read the
jury the standard jury instruction on possession.
The Fourth District Court of Appeal (the appellate court)
determined that in cases of joint possession of the premises, the
standard jury instruction is confusing. The instruction discusses
joint possession of the article but does not discuss joint
possession of the premises upon which the article is found. Further,
the appellate court stated that The standard jury instruction does
not explain what must be proved where possession of the premises is
in joint rather than exclusive possession of the defendant. The
specially-requested instruction, unlike the standard instruction,
instructs the jury that the elements of knowledge and ability to
control may not be inferred from the mere fact of joint possession
of premises where contraband is found, but must be established by
independent proof. Therefore, in this case [Grey Tesh's requested]
special jury instruction was necessary in order to present [his]
theory of defense. (Emphasis added).
My client's conviction and sentence were reversed as a result of
the appellate courts' determination. Also, as a result of my efforts
on his behalf, in creating a special instruction, the appellate
court recommended that the standard jury instruction be modified to
include my special instruction. They said "We also recommend to the
Criminal Standard Jury Instruction Committee that it review the
standard instruction for modification in cases where an issue at
trial involves the joint possession of the premises on which
contraband is found."
Possession of Cocaine
Simple possession of cocaine or crack cocaine is a 3rd degree
felony, punishable by up to 5 years prison. Unlike the Federal
sentencing guidelines, Florida law treats powder cocaine and crack
cocaine the same.
To read more about Federal cocaine charges as well
as the recent crack cocaine amendments click here.
Trafficking in Cocaine - 28 Grams to
150 kilograms of cocaine
Any person who knowingly sells, purchases, manufactures,
delivers, or brings into Florida, or who is knowingly in actual or
constructive possession of, 28 grams or more of cocaine, or of any
mixture containing cocaine, but less than 150 kilograms of cocaine
or any such mixture, commits a felony of the first degree, which
felony shall be known as "trafficking in cocaine."
Minimum Mandatory Prison Sentences
3 Year Minimum Mandatory
28 grams or more of cocaine, but less than 200 grams, there is a
3 year mandatory minimum prison sentence and minimum fine of
$50,000.
7 Year Minimum Mandatory
200 grams or more of cocaine, but less than 400 grams, such
person shall be sentenced to a mandatory minimum term of
imprisonment of 7 years, and the defendant shall be ordered to pay a
fine of $100,000.
15 Year Minimum Mandatory
400 grams or more of cocaine, but less than 150 kilograms, such
person shall be sentenced to a mandatory minimum term of
imprisonment of 15 calendar years and pay a fine of $250,000.
Life in Prison Minimum Mandatory
150 kilograms or more of cocaine, punished by life in prison and
the defendant is ineligible for any form of discretionary early
release except pardon or executive clemency or conditional medical
release.
Importation Capital Drug
Trafficking, Death or Life in Prison
Anyone who has 300 kilograms or more of cocaine and who knows
that the probable result of such importation would be the death of
any person, commits capital importation of cocaine, a capital felony
punishable by death or life in prison has to pay the maximum fine.
You are entitled to a separate proceeding on the issue of penalty by
jury trial.
Capital Drug Trafficking resulted in
Death, Punishable by Death or Life in Prison
If while trafficking in cocaine:
- The person intentionally killed an individual or counseled,
commanded, induced, procured, or caused the intentional killing of
an individual and such killing was the result; or
- The person's conduct in committing that act led to a natural,
though not inevitable, lethal result, such person commits the
capital felony of trafficking in cocaine, punishable by death or
life in prison has to pay the maximum fine. You are entitled to a
separate proceeding on the issue of penalty by jury trial.
Contact Grey Tesh
Palm Beach Cocaine Lawyer
Cocaine Crack Cocaine Trafficking Defense Attorney
Florida Cocaine Lawyer
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
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attorney, federal appeals. If convicted, you have only ten (10) days
in Federal Court, as opposed to thirty (30) days in Florida, to file
a notice of appeal. If you want to appeal a conviction, you must
contact a Federal criminal appeals attorney immediately as time is
of the essence.
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