Hiring a Vero Beach Cocaine Arrest Lawyer
An Indian River County deputy stopped a man recently who was riding a bicycle at night without a light. The 29-year-old man purportedly consented to a search, and a “white powdery substance” was located in cellophane cigarette packaging material inside the brim of the hat he was wearing. According to deputies, the man denied being aware of the fact that the substance was in his hat.
The Possible Penalty
As per our Vero Beach cocaine arrest lawyer at the Law Office of Jeffrey H. Garland, Florida takes cocaine possession seriously. Florida Statutes section 893.13(6)(a), states that a person who is convicted of actual or constructive possession of cocaine can be sentenced to up to five years in prison and a fine of up to $5,000.
Vero Beach cocaine arrest lawyer Jeffrey H. Garland advises that if the substance possessed by the man turns out to be cocaine, the prosecution might have an argument for actual possession of the substance, as it was so close to his reach that it was in his immediate control.
This doesn’t appear to be a constructive possession case because the substance was found on the defendant’s person. A constructive possession charge can be brought when a person has the ability to maintain control over a substance and is aware of the fact that that it is in his or her presence.
According to our Vero Beach criminal defense lawyer, the prosecution might have a difficult time proving that the mans had knowledge of the controlled substance in the hat he was wearing. This is likely a question of fact that would either be decided by a judge in a bench trial or a jury in a jury trial.
Vero Beach Cocaine Arrest Lawyer Jeffrey H. Garland
With this factual defense being pivotal in the case against the bicyclist, an experienced and effective Vero Beach criminal defense lawyer should be retained right away. On any drug arrest case, the sooner that a defendant retains a Vero Beach criminal defense lawyer, the sooner that a defense can start being built.
Don’t give the police a statement or confession of any kind. You’ll only be giving them more evidence to try and convict you with. Exercise your right to remain silent and your right to an attorney. Contact the Law Office of Jeffrey H. Garland at 772-489-2200 right away after any drug arrest.