Closing Arguments, Jury Deliberation, and Verdict
Once the defense has rested in a possession of cocaine trial, the next step is for each side to provide closing arguments. During closing arguments, the prosecution will present its argument and summation of the evidence it believes proves that you were in possession of cocaine. During the closing arguments of your criminal defense attorney, he/she will reiterate the overriding theory to the defense case and why the prosecution has not met its burden of proof to warrant a guilty verdict for possession of cocaine.
In some case, the criminal defense attorney may attack witness credibility, in others it may be an issue about the expert witness’s opinion or where the cocaine was allegedly found. Other cases come down to issues of dominion and control, such as when a person is arrested for possession of cocaine that was found in a car borrowed from another person.
Given the immense number of possible defenses to possession of cocaine, it is impossible to identify every possible defense here. That said, closing argument is your criminal defense attorney’s opportunity to tie everything together and hit a homerun!
Jury Deliberation in a Possession of Cocaine Case
Once closing arguments are complete, the next step is for the judge to instruct the jury in the law and then proceed to jury deliberations. Since you are charged with possession of cocaine, the judge will reiterate the elements of a possession of cocaine charge as we discussed in the prior section. The judge will also discuss the rules concerning reasonable doubt, how to deliberate, and a host of other relevant laws. Once instructed, the jury will depart to the jury room to commence deliberations.
Verdicts in a Possession of Cocaine Case
Once the jury has completed its deliberations in your possession of cocaine case, there are three possible outcomes. First, the jury can find you not guilty. This is the outcome we aim for in every trial, whether for possession of cocaine or anything else. Second, the jury may find you guilty. Clearly, this is not what we target when going to trial for possession of cocaine. Third, the jury may be deadlocked or otherwise unable to reach a verdict.
When a jury is deadlocked, the judge calls them back in and reads them a special instruction called an “Allen Charge.” This instruction comes from the case of Allen v. United States, which took place back in 1896. Explained briefly, if the jury in your possession of cocaine case comes back deadlocked, the judge will read them Rule 4.1 from the Florida Standard Jury Instructions.
Once the judge has read them the instruction, the jury retires to the jury room to continue deliberations on the possession of cocaine charge. From there, the same three possibilities exist:
- The jury finds you not guilty of possession of cocaine,
- The jury finds you guilty of possession of cocaine,
- The jury remains deadlocked and unable to reach a verdict.
If the jury remains deadlocked, the judge will announce a mistrial and a new trial for possession of cocaine will be scheduled.