Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both.
The prosecutor must show that the defendant had the power and intent to control the substance, as well as knowledge that the material was cocaine, in order to convict him or her of constructive possession of cocaine.
“Simple” possession. A person illegally possesses cocaine if he or she knowingly has cocaine on his or her person (such as in a pocket) or under his or her personal, physical control (for example, in a purse).
Two or more prior convictions in federal or state court for possession of any narcotic may result in a term of at least 90 days in jail, a fine of at least $5,000, or both. The length of time spent in prison and the amount of the fine may be influenced by the amount of drugs seized.
2C:35-10 it is unlawful to possess any amount of cocaine in New Jersey, and any crime involving cocaine possession is considered a third-degree indictable felony. These offenses entail punishments including a 3 to a 5-year prison term, a maximum fine of $35,000, and a 6-month period of driver's license suspension.
On average, a criminal defense attorney costs $200 an hour, but how much you'll pay can vary greatly depending on your case. Some clients pay $100 to $150 an hour, and others pay more than $300 to $350 an hour....Criminal defense attorney cost:National average hourly rate$200/hourHigh-end hourly rate$300-$350/hour1 more row•Oct 8, 2020
Cocaine is illegal to possess under California Health and Safety Code 11350.
You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.
Class CThe least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.
Consequences of a Possession of a Controlled Substances Conviction. Under Proposition 47, possession of any drug on a Schedule is a misdemeanor crime, punishable by up to a year in prison. Not everyone qualifies for these misdemeanor charges, though.
Possession or purchase of up to one kilogram of cocaine base or crack with the intent to sell is a felony punishable by three, four or five years in prison and a maximum fine of $20,000 for each offense. [Cal.
Possession and sale of Ecstasy is always illegal because there is no accepted medical use for this drug. Anyone found in possession of Ecstasy in Santa Clarita will likely face charges for violating California's Health & Safety Code 11377.
Drug charges are prosecuted aggressively and quickly, so hiring a criminal defense attorney is essential to winning your case. Effective defenses will determine whether your drug charges can be reduced or eliminated completely. Defenses include:
Criminal defense attorney Kerri Cleghorn has been defending clients accused of drug possession, OWI/DUI, and firearm-related charges since 2003. She has taken on cases that other attorneys abandoned and has successfully defended clients in front of a jury.
Intent to distribute charges are always felony offenses in Wisconsin, even for first-time offenders. Schedule II drugs are considered very addictive with a high potential for physical and psychological dependency. Intent to distribute can be shown in several factors:
Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to a sentence of not less than 90 days in prison, a fine of not less than $5,000, or both. The term of imprisonment and the amount of the fine may be affected by the quantity of the drug seized. A charge of possession with intent to distribute (sell) cocaine greatly increases the penalties.
Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction ...
Under U.S. law, a person may be charged with "constructive possession" of cocaine and other controlled substances. "Constructive" used in this way means implied, inferred, or as interpreted by the law. So, a person has constructive possession of cocaine in situations in which the law interprets him or her to have legal control over the drug.
In the most obvious situation, when a customs agent finds cocaine in a suitcase belonging to an individual, that individual could be charged with constructive possession of narcotics.
In order for a defendant to be convicted of constructive possession of cocaine, the prosecutor must prove that the defendant had the power and intent to control the substance, and knowledge that the substance was cocaine.
The law ( The Controlled Substances Act) is broadly worded to encompass any derivative of or extract from coca leaves. In fact, the law includes coca leaves themselves as among the "narcotic" cocaine drugs listed. In many areas of the Andes Mountains (and elsewhere in Peru, Ecuador, and other South American countries), people chew raw, ...
Knowingly means that the person with the cocaine knew that he or she had the drug on them and knew it was illegal.
If you cannot afford a lawyer, the court will appoint a public defender to represent you. If the police have arrested you on suspicion of possessing or selling narcotics, you need to find drug cases lawyer, and you have no time to spare.
All federal drug case attorneys know that if an individual is arrested on a federal drug case, then he should be taken to get a bail. If you are thinking about how much does a drug cases lawyer Brampton then our professionals are here to help you. When you get to your arraignment, the judge will ask you if you have a lawyer.
The phrase “Don’t Mess With Texas” is very appropriate when it comes to the Texas court system. Texas is among the highest conviction and incarceration rates in the US. It’s not a place where one can expect to prevail simply because they feel they are innocent. Texas prisons are filled with folks who thought they could “beat the system”.
To put it simply, the more serious the charges, the more work for an attorney. This will mean higher legal costs as well. Usually there are two factors when it comes to criminal defense cases - the complexity of the case and seriousness of the charges.
The cost is also affected by one’s criminal history. The more legal trouble someone has had in the past, the more the lawyer will have to work to make sure that those issues from your past don’t impact your current predicament.
Civil and family law attorneys often bill by the hour of work done on a case. It’s common for those attorneys to request a portion of the expected total cost upfront as a retainer. As they work on a case, they track the hours and will deduct it from the amount in the retainer.
Before you have your first meeting, you should consider what you want from your defense attorney in the first place. For example:
Once you’ve decided to meet, prepare to answer any and all questions the attorney may ask. Depending on the type of case, they may require a little or a lot of information.
Now that you understand the cost of a criminal defense attorney, you’re better prepared to find the right lawyer to represent you.
If you are convicted of possession of cocaine, Department of Highway Safety and Motor Vehicles is required to revoke your driver’s license for a six month period. A possession of cocaine conviction results in a permanent criminal record and disqualifies you from ever having this conviction sealed or expunged from your criminal history.
If you were recently arrested or charged with any Florida drug offense, please call my criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
Constructive possession is much more difficult to prove that actual possession.
Seminole County does not offer diversion for any felony drug charge. However, Seminole County does offer a similar first-time drug court program for Seminole County residents charged with felony possession of cocaine. This first-time drug court program is called Seminole County tier one drug court and can be completed in as little as 12 weeks. Seminole County also offers the standard drug court program for Seminole County residents. This standard drug court program is called Seminole County tier two drug court and can be completed in as little as one year. Completion of any diversion or drug court will result in a complete dismissal of all drug charges.
Trafficking charges substantially increase the possible penalties. Trafficking 28-200 grams of cocaine is considered a Class G felony, but is sentenced differently that other non-trafficking offenses, exposing someone to 70 months in prison.
These penalties may include fines and up to 31 months in prison. If the amount of cocaine is suspected to be over 28 grams, North Carolina law considers that activity to be trafficking.
Trafficking involving 200-400 grams of cocaine is classified as a Class F felony and exposes someone to 93 months in prison. In extreme cases where the trafficking amount is more than 400 grams of cocaine, the classification is a Class D felony exposing someone to 175 to 219 months in prison.
PWISD Cocaine is a Class H felony in North Carolina and carries a possible penalty of 10 months in jail for a first offender, or up to 30 months for suspects with past criminal records. There are other ways that someone could be charged with PWISD Cocaine that do not involve finding these items.
One the other hand, if that person is found guilty, they will probable be sentenced harshly. Fortunately, the District Attorney will most likely offer something less severe than what the law would allow. In most cases involving a first offense of possession of cocaine, a person may qualify for a program that eventually could see their charge dismissed. In occasions where someone does not qualify for a deferral program, there is a strong chance that the prosecutor offers them to plead to a misdemeanor. Every case is different, and a good defense attorney can insure that an accused client will get the best outcome without exposing them to the harshest punishments.
Cocaine Charges in Wake County. Possessing any amount of cocaine is a felony offense in North Carolina. This is based on its classification as a Schedule II substance.