Prosecutor’s Case During Jury Trial
Once opening statements are complete, the prosecution will put on its case to prove that you were in possession of cocaine. This is done by calling witnesses to testify, by admitting physical evidence, forensic evidence, and the actual cocaine itself. To send this case to a jury, the prosecutor must prove, beyond a reasonable doubt, that you were in possession of cocaine.
Pursuant to Florida Statute §893.13(6)(a), the prosecutor must prove the following, beyond a reasonable doubt, to prove you were in possession of cocaine:
- That you possessed a substance,
- That the substance you possessed was cocaine,
- That you knew of the substance’s presence.
Under Florida Statute §893.13(6)(a), possession of cocaine can be either “actual” or “constructive.” When possession of cocaine is “actual,” that means you actually possessed cocaine in your hand or on your person. It can also mean you possessed cocaine that was in a container which you held in your hand or had on your person. Finally, actual possession of cocaine means that the cocaine was so close to you, that it was in ready reach and under your control.
However, if none of those circumstances apply, you can be in possession of cocaine when possession of cocaine is “constructive.” In other words, you are in possession of cocaine if the cocaine is located in a place which you control or in a place where you have concealed it.
In order for a prosecutor to prove that you were in constructive possession of cocaine in a place when you have no control over the place where the cocaine is located, he/she must prove that you had control over the cocaine itself and that you knew the cocaine was present.
However, if you do not have control over the place where the cocaine is located, the fact that you are near the cocaine does not mean you are guilty of possessing it.
That said, it is important to realize that possession of cocaine can be had by more than one person at a time. This is referred to as “joint” possession of cocaine and occurs when more than once person jointly possess an article, exercising joint control over it. However, when one person has exclusive possession of cocaine, the law permits one to assume that the person knew the substance they were in possession of was cocaine.
Cross-Examination of the Prosecution’s Witnesses in a Possession of Cocaine Trial
Once questioned by the prosecutor, every witness will be subjected to cross-examination by your criminal defense attorney. The types and the number of questions asked can vary greatly, depending on the issues present in your possession of cocaine case.
During cross-examination in a possession of cocaine case, a criminal defense attorney will develop questions to launch five different avenues of attack, depending on the specific of your possession of cocaine case. They are:
- To show the jury the witness is not believable (this is called “impeachment”),
- To illustrate a lack of evidence that you were in possession of cocaine,
- To illustrate a conflict in the evidence that you were in possession of cocaine,
- To admit evidence that proves you are not guilty of possession of cocaine,
- To highlight reasonable doubt regarding the alleged possession of cocaine.
After all the prosecution’s witnesses have testified and have been cross-examined by the criminal defense attorney, the prosecution will rest its case. At this stage, the criminal defense attorney will renew any previously made objections and motion the judge to dismiss the case.
In reality, the motion to dismiss the case will likely be denied. Only in rare circumstances where the prosecution failed to present the minimum evidence needed to prove you were in possession of cocaine will the motion be granted.
Defense Case Against Possession of Cocaine
At this stage of your possession of cocaine trial, you will have the opportunity to present your defense. This can come in the form of your own testimony (which is an option, although it is not required by law), the testimony of other witnesses, the admission of physical evidence, documents, forensic evidence, or rebuttal testimony from an expert witness.
Since everyone’s possession of cocaine case is different and the tactics used to win yours may differ from someone else’s, it is impossible to address every possible defense here. Generally, speaking, when the defense puts on a case in a possession of cocaine trial, it is usually to accomplish many of the same goals as in cross-examination.