POSSESSION OF COCAINE CHARGES |
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CAN I BEAT MY RHODE ISLAND COCAINE POSSESSION CHARGE?
Absolutely. In most cases there are excellent defense options where we can fight for a dismissal, or get charges substantially reduced. Many of our clients have no criminal record and the cocaine charge is their first encounter with law enforcement. Possession of cocaine is a serious drug charge that can have serious consequences which are extremely destructive to an individual with no criminal record. For many people, the consequences of a cocaine offense conviction go far beyond jail time, fines and community service. A conviction can also have a lasting impact on your ability to get a job. It may prohibit you from receiving federal student loan financial aid for a minimum of one year.
Do not give up or plead guilty before exploring and evaluating all of your legal defenses. There are many legitimate defenses to drug possession charges that an experienced Rhode Island Cocaine Lawyer can identify and help you to explore. An illegal search in violation of your Fourth Amendment rights is a legitimate defense to a Rhode Island cocaine possession charge. Police commonly violate Constitutional rights when conducting searches, and do not let them get away with it. Police officers will also try to coerce incriminating statements out of suspects during the course of an arrest. The officer may try to get you to admit to that the drugs are yours, and that questioning is frequently illegal and not admissible against you in court.
To give yourself a chance to beat you’re Rhode Island Cocaine charge, remember the following:
• Do not admit to any facts about the substance in question
• Do not speak to the prosecutor, police, court officials, or anyone about the facts of your case
• Contact an experienced RI Cocaine Lawyer to discuss your defense options
There also may be plea agreements available that can keep your record clean, in exchange for drug treatment/counseling or community service.
AVAILABLE 24/7 AT
401-228-8271
mm@matthewtmarin.com
Free Case Evaluation: To discuss your Rhode Island cocaine charges with an experienced and aggressive RI Cocaine Lawyer, call 401-228-8271. I am available 24 hours a day, seven days a week.
Under Rhode Island Law, marijuana is classified as a Schedule II controlled substance. As you can see from the Rhode Island Statute provided below, anyone who knowningly or intentionally possesses a controlled substance, including cocaine, a Schedule II drug, is subject to the following penalties:
Under Rhode Island Law, marijuana is classified as a Schedule II controlled substance. As you can see from the Rhode Island Statute provided below, anyone who knowningly or intentionally possesses a controlled substance, including cocaine, a Schedule II drug, after previously being convicted of first offense possession of cocaine is subject to the following penalties:
RI POSSESSION OF COCAINE PENALTIES - FIRST OFFENSE
- may be imprisoned for not more than three (3) years;
- may be fined not more than five thousand dollars ($5,000) nor less than five hundred dollars ($500), or both
- peform no less than one hundred (100) hours of community service
- attend and complete a drug counseling and education programRI POSSESSION OF COCAINE PENALTIES - SECOND OFFENSE
- may be imprisoned for not more than six (6) years;
- may be fined not more than five thousand dollars ($10,000) nor less than five hundred dollars ($1,000), or both
- peform no less than one hundred (100) hours of community service
- attend and complete a drug counseling and education programRECENT POSSESSION OF COCAINE CASE VICTORIES
CHARGE: SIMPLE POSSESSION OF COCAINE CHARGE: SIMPLE POSSESSION OF COCAINE
POLICE REPORT: On New Years Day at approximately 8 am Police were dispatched for a report of a vehicle off of the road. When Police arrived, they spoke with the Client, the operator of the vehicle. The Client was then transported to the Hospital due to her injuries. During her transport, members of the hospital staff identified a small aluminum foil wrapper in the Client’s clothing. The foil was turned over to the Police that identified a white and yellow powdery substance consistent with cocaine in the foil. The substance was field tested and responded positive for cocaine. The Client was then charged with unlawfully possessing a controlled substance classified as cocaine as set forth in Schedule II of § 21-28-2.08 of the General Laws (felony possession of cocaine).
RESULT: CHARGE DISMISSED
POLICE REPORT: Client was stopped by the police during a routine traffic stop. As the Officer approached the driver's side window, he noticed a "knotted corner baggie" containing what he described as a "solid white powder" believed to be crack cocaine on the Client's lap. Client then grabbed the object, placed it in his mouth, and swallowed the object. The Officer then grabbed the Client and ordered him to spit the object out. The Client refused to spit the object out and repeatedly denied denied having any knowledge or narcotic possession. Client was then arrested and charged with possession of crack cocaine.
RESULT: CHARGE DISMISSED BY JUDGE AFTER ARGUMENT ON A DEFENSE MOTION TO DISMISS FOR LACK OF PROBABLE CAUSE
POSSESSION OF COCAINE LAWS
(2) Any person who violates this subsection with respect to:
(i) A controlled substance classified in schedules I, II and III, IV, and V, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both;
(3) Additionally every person convicted or who pleads nolo contendere under paragraph (2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
(i) Perform no less than one hundred (100) hours of community service;
(ii) Attend and complete a drug counseling and education program as prescribed by the director of the department of mental health, retardation and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result after hearing by the court in jail sentence up to one year;
(iii) The court shall not suspend any part or all of the imposition of the fee required by this subsection, unless the court finds an inability to pay;
(iv) If the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after this.
§ 21-28-4.11 Second offenses. – (A) Any person convicted of a second offense under this chapter may be imprisoned for a term up to twice the term authorized, fined an amount up to twice that authorized, or both.
(B) For purposes of this section, an offense is considered a second offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.
AVAILABLE 24/7 AT
401-228-8271
mm@matthewtmarin.com
RI Cocaine Attorney Matthew Marin defends those charged with drug charges including possession of cocaine, possession with intent to deliver cocaine, distribution of cocaine, delivery of cocaine, cocaine conspiracy, and trafficking cocaine throughout Rhode Island, including the following cities and towns: Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket. If you have been arrested in Rhode Island for simple possession of cocaine or other drug charges, call immediately for a free initial consultation and case evaluation with an experienced Rhode Island Cocaine Lawyer. RI Cocaine Attorney Matthew Marin is available 24/7 at (401) 228-8271.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
