Being charged with any drug offense can be frightening, as you face potential jail time, fines, and untold consequences on your personal life. But, the stakes are especially high when you are dealing with a substance like cocaine. Considered highly dangerous and addictive, you are facing particularly severe sanctions if convicted of cocaine possession.
Maybe your arrest offers you the chance to get help for a drug problem. But perhaps you don’t have a drug problem and aren’t guilty at all. Whatever the case, we may be able to help.
Michigan Possession Laws
Many people misunderstand what it means to “possess” drugs. They think just because they didn’t have the drugs in their pocket that they can’t possibly be found guilty of possession. This isn’t true.
In order to be found guilty of cocaine possession, the prosecution must prove beyond a reasonable doubt that you had control over the cocaine or the ability to control it. This could apply to drugs found somewhere in your home, in your vehicle, or even next to you in a public place.
Michigan Cocaine Possession Penalties
Under Michigan law, cocaine possession is severely penalized. Cocaine is considered a Schedule II drug, one with a high risk of addiction. If you are caught with anything less than 50 grams of cocaine, you can be charged with a felony.
Felony possession of less than 50 grams of cocaine carries a potential sentence of up to 4 years in prison and fines reaching $25,000. Obviously, if you are accused of possessing more, you will face greater potential sentences.
Incarceration Alternatives in Cocaine Cases
The greatest fear for most people charged with cocaine possession is that they will be sentenced to jail or prison time. Fortunately, there are alternatives and you may be able to avoid the most severe penalties with help from your attorney.
If this is your first drug offense, there is a good chance the judge will allow you to serve probation instead of prison time. Also, the vast majority of cocaine possession cases end in plea agreement, allowing you to work out a more lenient sentence with the prosecutor.
Depending on the jurisdiction in which you are charged, your case may be able to be heard in one of the state’s drug courts. These courts are focused on rehabilitation instead of punishment and require treatment as just one of the many conditions of participation. A local defense lawyer will be able to assist you in determining your eligibility for this and other similar programs.
If you are charged with cocaine possession and in need of legal representation, contact us to discuss the details of your case.