Florida Criminal Attorney Blog
A 17-year-old male and a 22-year-old female were arrested by Orlando area authorities on Oct. 27 for supposedly trying to check back into their motel room an hour after leaving because they allegedly left behind crack cocaine in the room’s freezer.
The Osceola County Sheriff’s Office was called to a motel near Kissimmee, Florida around lunchtime after the cleaning staff supposedly found several bags of crack cocaine in the freezer of a room the couple previously occupied.
According to deputies, the room’s former female occupant called the motel during the investigation and told the manager she wanted to pay for one more night in the same room.
Upon arrival at the motel, both the man and woman were arrested and charged with possession of cocaine with intent to sell and possession of drug paraphernalia.
The woman allegedly told deputies that the man sells crack cocaine and they both forgot it was in the freezer when they checked out of the motel.
The couple arrested in this particular case faces charges involving constructive possession, which means the drugs were not found on their person. As with all criminal drug matters, the burden of proof lies in the hands of the prosecution, and constructive possession cases can be more difficult for the State to prove than actual possession charges. Actual possession is simply when law enforcement agents uncover drugs somewhere on your physical being. In order for the State to prove constructive possession charges in Florida, prosecutors must prove that the person, or people, arrested had knowledge illegal drugs were present and had actual control over them. It is best to contact a Florida Drug Crimes Defense Attorney to intervene early on with criminal defense matters pertaining to crack cocaine so that you can stand the best chance of having your charges reduced or possibly dropped altogether.
Selling and distributing illegal drugs is usually classified as a felony in the state of Florida. Selling cocaine or possessing cocaine with intent to sell is normally a second degree felony punishable by up to 15 years in state prison. However, if a person is charged with possession of cocaine with the intent to sell within 200 feet of a university, public housing facility, public park, or within 1,000 feet of a church or other property deemed for religious use, enhanced penalties can be attached. Selling or possessing cocaine with the intent to sell near one of these facilities could amplify consequences to a first degree felony punishable by up to 30 years in state prison.
At Whittel & Melton, we understand the intricacies associated with how police attempt to prove possession of illegal drugs with the intent to sell. Often these cases rely upon the testimony of witnesses and law enforcement agents to prove the State’s case. We work to snuff out any holes in the prosecution’s case to decrease the risk of potential consequences associated with a drug crimes conviction.
Drug crimes in the state of Florida are serious, so if you or a loved one is facing a drug charge and is accused of selling drugs or possessing with an intent to sell, contact the Florida Drug Crimes Defense Attorneys at the Law Offices of Whittel & Melton, LLC online or reach us statewide and toll-free at 1-866-608-5LAW (5529).