What is the sentence length for some one who is caught in a car with a large amount of a Class A drug (cocaine), with intent to supply it. It is their first time offense. Would there be a probation period to see if there is a re-offense? Or would it be an immediate sentence if found guilty? If so, how long?
Criminal Defense Attorney
Ok. For purposes of this response, let's assume that "someone" is you and that you have no criminal history.
If the amount of cocaine is less than 28 grams, and the arrest was not within 1000 feet of a school or childcare facility, you would be charged with Possession of Cocaine with intent to sell/distribute/etc. This charge scores non-state prison and the sentence here in Miami could range from probation to fifteen (15) years in state prison. The initial plea offer could be probation and/or local jail time, with a sentence after trial likely including state prison time.
If the amount of dope exceeds 28 grams the charge would be some level of Trafficking. Trafficking in Cocaine in amounts greater than 28 grams and less than 200 grams carries a 3-year minimum mandatory prison sentence. That min man can only be waived by the State Attorney and is statutory. The min mans increase as the amounts increase.
You should be speaking directly with a criminal defense attorney down here with experience in these matters. There are many avenues of defense in your case, including a possible attack on the legality of the search and/or arguing that you were not in direct or constructive possession of the contraband.
Michael C. Grieco
Former Miami-Dade Gangs/Narcotics Prosecutor
Miami Criminal Defense