In the state of Florida, possession of cocaine in the amount of less than 28 grams is a felony of the third degree punishable by a maximum penalty of 5 years in prison . The State can prove possession either by presenting evidence of actual or constructive possession. Proving constructive possession is more challenging for the State and proof must be presented that the accused knew of the presence of the cocaine and was able to exercise dominion and control.
In addition to the maximum 5 year prison penalty allowed under Florida law, a possession of cocaine conviction requires a 2 year driver’s license suspension. Every case is different and if you have been arrested or charged with possession of cocaine in the Tampa bay area you should consult with an experienced attorney in order to be fully advised on your rights and what available defenses may be available. Please call for a free consultation in order to discuss your case. Call Attorney Oropesa directly at 800-774-9883.