Cocaine is a stimulant drug that is derived from the coca plant. While cocaine has long been popular for its euphoric effects, it can also be dangerous. It is also classified as a controlled substance in Connecticut – and possession of cocaine in any quantity is illegal.
If you are caught in possession of cocaine, crack, or any other form of the drug, you could be charged with a felony. Depending on the facts of your case, you could be sentenced to anywhere from a few years to decades in prison for cocaine possession. Our Connecticut cocaine possession attorneys will fight to help you achieve the best possible outcome for your case, whether that means a favorable plea deal, dismissal or reduction of the charges, or entry into a diversionary program.
The Sills Law Firm represents individuals in Connecticut who have been charged with all types of crimes, including possession of cocaine and other narcotics. We offer free consultations to help you understand your rights. Reach out to our law offices today to schedule an appointment with a Connecticut criminal defense lawyer.
Types of Cocaine Possession Charges
As with other drug possession charges, there are two main types of cocaine possession charges: simple possession and possession with intent. The difference between the two comes down to whether the drugs are for personal use (simple possession) or sale (possession with intent).
However, because Connecticut classifies cocaine as a narcotic, there is no such thing as a “simple possession” of cocaine. Instead, you might be charged with illegal possession rather than possession with intent.
The distinction between the two charges often comes down to the quantity of drugs in a person’s possession and whether or not they have any paraphernalia that indicates that they might be selling drugs. For example, a person who has a small quantity of cocaine on them that is in just one bag would likely be charged with illegal possession. If that same person had multiple bags of cocaine in specific weights plus a scale and large amounts of cash, the police will likely pursue a possession with intent charge.
In Connecticut, an illegal possession charge can be brought when any person possesses or controls any quantity of cocaine or a cocaine derivative like crack cocaine. By contrast, a person who possesses any quantity of cocaine with any indication that they intend to sell it can be charged with possession with intent.
As described in greater detail below, the type of charge that you are facing related to cocaine possession will have a significant impact on the penalty that you face. A skilled Connecticut cocaine possession lawyer can advocate for you and potentially have the charge kept to illegal possession rather than possession with intent.
Penalties for Cocaine Possession in Connecticut
In Connecticut, cocaine (and its derivatives) is classified as a Schedule II drug. A Schedule II drug is a controlled substance that has an accepted medical use but a high potential for abuse. It is also considered a narcotic, which means that possession generally comes with a higher penalty.
All cocaine possession charges in Connecticut are classified as felony charges rather than misdemeanors. A misdemeanor is a lesser offense, punishable by up to 364 days in jail and a fine of up to $2,000. Depending on how it is classified, a felony could be punished by anywhere from 1 year to life in state prison – and tens or hundreds of thousands of dollars in fines.
Connecticut harshly penalizes possession of any amount of cocaine and/or crack, regardless of whether you intend to sell it or have it for personal use. Depending on the facts of your case, you could be facing the following penalties:
- Illegal possession of any quantity of cocaine – 1st offense: a felony that is punishable by up to 7 years in prison and/or up to $50,000 in fines.
- Illegal possession of any quantity of cocaine – 2nd offense: a felony that is punishable by up to 15 years in prison and/or up to $100,000 in fines.
- Illegal possession of any quantity of cocaine – 3rd or greater offense: a felony that is punishable by up to 25 years in prison and/or up to $250,000 in fines.
- Possession of cocaine with intent to sell – 1st offense: a felony offense that is punishable by no more than 15 years in prison and/or a $50,000 fine.
- Possession of cocaine with intent to sell – 2nd offense: a felony offense that is punishable by no more than 30 years in prison and/or a $100,000 fine.
- Possession of cocaine with intent to sell – 3rd or greater offense: a felony offense that is punishable by no more than 30 years in prison and/or a $250,000 fine.
- Possession of 1 ounce or more of cocaine or .5 grams or more of crack cocaine with intent (by a non-drug dependent person): a felony offense that is punishable by a minimum of 5 to 20 years in prison and a maximum of life in prison.
Generally, if you are not currently dealing with substance abuse issues and the police have evidence that you are selling crack and/or cocaine, then the penalties are much higher than if you just had some cocaine for personal use.
Because the penalties for cocaine possession of any type are so steep, you must contact an experienced Connecticut criminal defense attorney as soon as possible after being charged with this crime. Our lawyers will protect your rights and advocate for you throughout the process.
Defenses for Connecticut Cocaine Possession Charges
Cocaine possession charges are severe. If you are arrested on a charge related to the possession of cocaine or crack, you might be scared and overwhelmed. You might also be tempted to admit to the offense and take a plea deal. Before making any decision – or saying anything to the police – you should talk to a lawyer.
There are many potential defenses to a cocaine possession charge. This may include both fact-based defenses as well as legal defenses. If you take a plea deal with the prosecutor, then you will give up your ability to assert these defenses.
In many drug possession cases, your Connecticut defense attorney can challenge the constitutionality of the search and seizure. Under the 4th Amendment, Americans have the right to be free from warrantless searches and seizures (with some exceptions). If the cops showed up at your door and forced their way in to search it – without a warrant or other special circumstances – then your attorney could file a motion to suppress any illegally obtained evidence. If the evidence is suppressed, then the charges could be reduced or even dropped.
Similarly, the police are bound by certain other constitutional limitations. If you request a lawyer and they continue questioning you, then any statements you made to the police could be suppressed. If the state fails to turn over critical evidence in your case, that may also be grounds to have the case thrown out of court.
There are other potential defenses to cocaine possession charges. For example, if the drugs were found in a bag that you were holding for a friend, your lawyer could argue that you did not actually possess the drugs by demonstrating that the bag actually belonged to someone else (i.e., their personal items were in the bag).
In addition, if you are struggling with substance abuse disorder, you might be eligible for a diversionary program such as Drug Education/Community Service or Accelerated Rehabilitation (AR). If you agree to enter a diversionary program, your charges will be dismissed if you successfully complete it. Your attorney can help you determine your eligibility for these and other diversionary programs based on the charges against you and the specific facts of your case.
If you are arrested for cocaine possession, you should not say anything to the police other than to request a lawyer. Even if you were caught with cocaine, there may be a way to get the charges reduced or dismissed. Do your best to stay calm and polite, but do not say anything or agree to anything until you have had a chance to talk to a criminal defense attorney.
A felony conviction for cocaine possession can land you in prison for years. It can also impact your life for decades, making it difficult to obtain a professional license, get student loans, or even obtain a job or housing. Although it isn’t always possible to have the charges against you reduced or dismissed, you can often get a more favorable outcome by hiring a seasoned Connecticut cocaine possession lawyer.
Facing Cocaine Possession Charges? We Can Help.
While attitudes towards drugs have certainly changed in recent years, Connecticut law has not. Possession of any amount of cocaine – even for personal use – can result in felony charges. There are many potential defenses to cocaine possession charges, along with the possibility of entering into a diversionary program that may keep your record clean.
At the Sills Law Firm, we are fierce defenders of our clients’ rights. We represent clients facing all types of criminal charges in Connecticut, ranging from DUI to theft to drug crimes. We take a proactive approach to criminal defense, investigating the allegations against our clients before building a multi-faceted defense to the charges. To learn more or to schedule a free initial consultation with a Connecticut cocaine possession attorney, in our Hartford or Waterbury offices, call us at 866-971-8410 or fill out our online contact form.
