Cocaine crimes, including possession, sale, and trafficking, are punished as a felony under state and federal laws. Such charges can range from a Class 4 felony to a Class X felony, and can carry penalties of dozens of years in prison and hundreds of thousands of dollars in fines. Fortunately, various defenses can often be applied to help you fight your charges and reduce your sentencing.
Lack of Knowledge
In order to be charged with possession of cocaine, you must have legal control of the drug, also referred to as “constructive possession”. Under certain circumstances, a person may have cocaine in their possession without realizing it. Certain arguments may allow you to fight your charges, including the argument that you genuinely did not realize a substance was cocaine.
Lack of Power and Intent to Control
A person may be charged with constructive possession of cocaine even when they do not have physical possession of the substance. If you can prove that you had no intention of controlling the drug, the evidence used in your case may be dismissed. Likewise, if you are given possession of cocaine by means of force or threat, you can claim a lack of power and intent to control the drug.
Violation of Rights
Even if cocaine is in your legal and knowledgeable possession at the time it is discovered, you may still be able to fight your charges on account of a violation of your rights. Under the Constitution, you are protected from illegal searches and seizures. If an officer performs a search and seizure without a warrant, the evidence gathered in the search can be dismissed from court.
CALL AN ATTORNEY
Contact a DuPage County drug crime lawyer immediately to begin developing a strong defense for your cocaine possession charges. The attorneys At Martin & Kent, LLC have handled more than 10,000 cases over the course of 42 combined years. Their intimate knowledge of the legal system stems from extensive work in criminal defense and previous service as former felony prosecutors, and they are 100% dedicated to protecting their clients’ rights in any criminal defense case.
Call the firm today to learn how they can handle your case!