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 first possession offense with any amount of cocaine can result in a $1,000 fine and up to a year in jail. A second possession offense with any amount of cocaine can result in a minimum 15 jail term, up to two years in prison and a $2,500 fine.
A Conviction for Cocaine Possession may Also Result in Fines of up to $20,000. Ultimately, it is essential to discuss your case with a highly qualified Los Angeles cocaine possession defense attorney. If it is you first offense, your lawyer can help determine whether you may be eligible for a drug diversion program. Contact The Justice Firm now
 · 200- 399 grams. 1 st degree felony. 5- 99 yrs. in prison and $10,000. 400 grams +. Enhanced 1 st degree felony. 10- 99 yrs. in prison and $100,000. If you have been charged with the lowest cocaine offense, you could be facing up to two years in …
For more than 100 grams, possession of cocaine is a first degree felony punishable by three (3) to 11 years in prison and a fine of up to $20,000 ***
Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Subsequent convictions are punishable with up to 30 years in prison.
In Georgia, cocaine is classified as a Schedule II Narcotic Drug. That classification is important because, as we will soon learn, the penalties for possession of a Schedule II Narcotic Drug are harsher than penalties for possession of a Schedule II Controlled Substance.
Georgia First Offender Act The Georgia First Offender Program will include probation, fees, program completion, and possibly jail time.
The percentage you pay for bail varies from state to state. In Georgia, the fee is 15% of the bail amount. If your drug charge bail is $10,000, for example, you would have to pay the bond agency $1,500 in order to get released from jail. In other states, 10% is a typical fee.
Under Georgia Code § 42-8-60, the First Offender Act is a sentencing option which allows a person with no prior felony convictions to dispose of their criminal case without a conviction.
How to Get Drug Trafficking Charges DismissedDon't Speak Without an Attorney Present. This guidance applies to almost any time you are arrested. ... Know Your Rights. ... Build a Bulletproof Defense. ... Preserve All Possible Evidence. ... Consider Pre-Trial Diversion. ... Contact a Criminal Defense Attorney.
Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity.
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 ...
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.
For the government to prove constructive possession, it must show that the defendant intended to control the cocaine even if it wasn't in his actual physical possession. If the defendant can show that he had no intent to control the drug, he may be acquitted.
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.
Criminal possession in the 5th degree. Penal Law Section 220.06 makes it a Class D felony to have 500 mg or more of cocaine. Penalties for a first offense include one to 2.5 years in prison, and penalties for a second offense include up to four years
Penalties range anywhere from one to nine years in prison for selling less than a half ounce of cocaine to eight to 20 years for selling two or more ounces.
Criminal possession in the 4th degree. Penal Law Section 09 makes it a Class C felony to have at least 1/8 of an ounce of cocaine . Penalties may include between one and 5.5 years in prison, or up to eight years in prison for a second offense.
A second possession offense with any amount of cocaine can result in a minimum 15 jail term , up to two years in prison and a $2,500 fine.
Your attorney can also help prevent evidence obtained in an illegal search from being presented to secure a conviction, and can assist in presenting a case in trial designed to introduce doubt as to whether you committed a drug offense. If a prosecutor cannot prove you guilty of a cocaine offense, you should avoid conviction.
Intent to sell cocaine can be inferred if you have volumes of the drug considered too large for personal use. You may defend yourself against charges of both possession and sale, and a New York defense attorney will help determine how best to respond to accusations of drug crimes. You should also get assistance with clearing your seized assets.
Cocaine is a Schedule II drug under both the New York State Controlled Substances Act and the Federal Controlled Substances Act. There are five schedules, or categories, of controlled substances, with Schedule I drugs considered to present the greatest risk and Schedule V drugs considered the least dangerous .
If you have been accused of possessing any amount of cocaine, you could be up against some pretty serious penalties. Depending on the nature of the offense that you have been charged with , you could be facing several years in jail, so it is highly recommended that you enlist the help of a knowledgeable criminal defense attorney as early on as possible.
If you have been charged with either possession or sale of cocaine in Houston or Harris County, you need to ensure that your rights are protected. You should speak with a drug defense lawyer at Zavala Texas Law as soon as you know that you are going to be charged with a drug offense. With the help of your attorney, you can work together to build a case that will maximize your chances of a successful outcome in your specific case.
If you are accused with selling cocaine, you could be convicted with a felony if you are proven guilty. The severity of the charge will depend on several factors, including the amount of drugs that you allegedly sold or intended to sell. Criminal sale of a controlled substance is a much more serious charge than criminal possession of the same amount of the chemical in question, and you could face increased penalties if the allegedly sale took place on school grounds. For this reason, you should not hesitate to consult with a legal professional as soon as you have been placed under arrest.
Cocaine is a serious drug that is classified as a Schedule II narcotic by the United States DEA. Due to its strong addictive properties it can affect a person’s judgment and ability to function normally, the possession and sale convictions in Texas regarding this drug ware punished severely.
Cocaine is an addictive stimulant drug. While all cocaine comes from the coca plant, cocaine is sold in different forms. Cocaine base or crack cocaine is prepared for smoking and inhalation. Powdered cocaine can be snorted, injected, inhaled, or eaten.
Iowa Code Section 124.401 (5) is one of Iowa’s most commonly enforced drug laws. This section prohibits possession of a controlled substance. This includes things like marijuana possession as well as meth. Simple possession is the least serious drug offense.
Need help finding reasonable doubt on your alleged cocaine crime? An Iowa cocaine possession defense lawyer can help you assess the likelihood of acquittal on your powder cocaine or crack cocaine possession charge.
Whether powder or crack, the possession of cocaine is considered a very serious drug possession crime in the United States and especially in Missouri. Those charged with possession usually are facing Class D felony charges, which carry a maximum of 7 years in Missouri state prison. In addition, prosecutors are often eager to tack on extra charges to a cocaine possession case, and it is not uncommon for cocaine possession defendants to also be looking at federal charges as well, which carry with them their own penalties.
Cocaine is classified as a Schedule II drug by the federal DEA, meaning that it “is considered dangerous, with a high potential for abuse, and with use potentially leading to severe psychological or physical dependence”. Other Schedule II drugs include meth, fentanyl, and oxycodone.
California Health and Safety Code 11351.5 HS — Possession of cocaine base for sale; punishment. (“Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base which is specified in paragraph (1) of subdivision (f) of Section 11054, shall be punished by imprisonment in the state prison for a period of three, four, or five years.”)See also California Health and Safety Code 11372 HS — Fines, endnote 13, above.
Health and Safety Code 11351 HS — California’s “possession or purchase of cocaine for sale” law involves the same drugs listed above under HS 11350. However, this offense is more serious in that it involves possessing (or purchasing) these drugs with the intent to sell them. 16.
California Health and Safety Code 11054 HS — Schedule I; substances included. (“ (a) The controlled substances listed in this section are included in Schedule I… (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers: (1) Cocaine base. (2) Fenethylline, including its salts. (3) N-Ethylamphetamine, including its salts.”)
California Health and Safety Code 11 350 HS — Possession of controlled substances. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’ s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.”)
California law makes it a crime to have possession of, to buy or sell, to be under the influence of, to possess for sale, or to traffic cocaine. Simple possession of cocaine for personal use is a misdemeanor punishable by up to one year in jail. However, most first-time defendants are eligible for drug diversion under Penal Code 1000.
Fortunately, a conviction for personally possessing coca ine may allow you to participate in a California drug diversion program. Drug diversion…permissible under
Because cocaine’s legitimate / “legal” purposes are so limited within California, there are a variety of laws that regulate its use, possession and sales. By simply possessing cocaine, you are likely committing a felony…and if you are using it and/or selling it, you subject yourself to any number of crimes.