Dealing with drugs is a violation in the state or country except it is for medication provided that you have authorization from your doctor. If you are not authorized to use drugs such as cocaine, you will be arrested since it is against the law to use and possess these drugs. If you have been accused since you know that you are being framed, know that Cocaine Possession Attorneys in New Jersey are here to clear your name. To understand the law regarding possession, here are some terms and concepts:
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Simple Possession
If someone knows they have cocaine in them (in a pocket, for example) or in their physical possession (in a handbag, for example), they violate the law. Knowingly indicates that the individual in possession of the cocaine was aware that it was against the law and that they were carrying it. Therefore, a person does not intentionally possess cocaine if they take a box labeled “baking soda” and they have no idea or reason to believe that the package contains cocaine. The most basic and evident type of possession is this one.
Constructive Possession
Cocaine and other controlled narcotics can be accused of “constructive possession” under U.S. law. In this context, “constructive” refers to implied, inferred, or legally understood. Therefore, when the law considers someone to have legal authority over cocaine, they are said to be in constructive possession of the substance. This term covers many areas and is far more expensive than physical control. In the most obvious scenario, a person may be prosecuted with constructive possession of narcotics if a customs officer discovers cocaine in their luggage. In a less evident instance, a charge of constructive possession resulted from the finding of cocaine beneath bushes next to which a person had parked his car.
Authorities have accused people of constructive possession of cocaine when the drug was discovered in: a house, car, business, or other property that the person owned or rented; a hotel room that the person was a guest in; a social club that the person ran; a warehouse that the person used; or a package that was sent to the person. The prosecutor must demonstrate that the defendant knew the material was cocaine and had the authority and intent to control it for the defendant to be found guilty of constructive possession of cocaine. Sometimes, it is sufficient for one person to have a close relationship with another cocaine user to prove constructive possession by the first individual.
Federal Charges for Possession of Cocaine
Initial conviction: When found guilty of cocaine possession for the first time, a person who has never been convicted of a federal or state drug felony faces a maximum term of one year in prison, a minimum fine of $1,000, or both.
Second conviction: After a previous drug conviction in either federal or state court, a person found guilty of cocaine possession faces a minimum term of 15 days and a maximum sentence of 2 years in prison, a minimum fine of $2,500, or both.
The third and subsequent offenses: If someone is found guilty of cocaine possession after having two or more previous drug offenses, they could be sentenced to 90 days to three years in jail and fined at least $5,000.
Having possession of cocaine is really against the law and you will face charges according to the severity of your case. However, if you are being accused, you should hire a Cocaine Possession Attorney who will help your case to clean your name because you did not do it. With this, it helps you to know the charges and penalty if you commit one and be aware of other people who are doing drugs that you can face a big consequence if you are taking drugs.
