21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
If a motion to suppress evidence is not an option in your possession with intent to distribute cocaine in Florida case, then your next option is to choose between going to trial or negotiating a plea agreement. The decision to proceed to trial or enter into a plea bargain agreement is an extremely important one. It is also a decision with many moving parts and plenty of variables.
3 Reasons for Going to Trial on
Possession with Intent to Deliver Cocaine in Florida
Going to trial is a decision that can reap great reward for a person accused of possession with intent to distribute cocaine in Florida, assuming they win their case. It is also a decision that carries tremendous risk.
Ultimately, a criminal attorney may recommend trial for one of three reasons:
1) There is no other option because pleading guilty will result in too stiff a penalty,
2) There is a very good chance of winning at trial,
3) There is a very good chance of winning part of the case.
Reason #1: Some people have no choice but to go to trial because a guilty plea will result in too stiff of a penalty. For example, if you are facing possession with intent to distribute cocaine in Florida and have two prior felony drug convictions, a guilty plea will result in a mandatory LIFE sentence without parole.
Clearly, such an outcome is unacceptable and pleading guilty is not an option because it confers no benefit. There is no chance of improving the sentence nor is there any minimization of risk by pleading guilty. In such cases, a defendant has nothing to lose by going to trial.
Reason #2: If the evidence against you is very weak or there is some other fundamental flaw with the prosecution’s case, then it may make sense to go to trial. This can happen when there is a conflict in the evidence, a lack of evidence, problems with witness credibility, or because of the existence of exculpatory evidence.
To understand this option better, it pays to understand what a trial is all about.
When a person goes to trial, they are demanding that the prosecutor prove their case. This is done by forcing the prosecution to present its evidence to a jury, in open court, where it is subjected to scrutiny, cross-examination, and collateral attack by one’s criminal attorney.
Unless the evidence is strong enough to get past a judge and convince a jury, the prosecutor will lose.
To determine if your possession with intent to distribute cocaine in Florida has a chance of being won at trial, a criminal attorney must perform a number of tasks. This includes:
- Thorough communication with client
- Independent case investigation
- Legal research
- Sentencing Guidelines Analysis
- Thorough review of Government’s discovery submission
Every case is different and the steps taken to evaluate your case for trial may differ from another person’s case, even if both of you are facing the same charges, such as possession with intent to distribute cocaine in Florida.
Remember, identical cases can have different outcomes.
Ultimately, a when criminal attorney analyzes your case for trial, he/she is comparing the evidence to the list of legal requirements the prosecutor must satisfy to win at trial. This analysis includes an evaluation of the strength of evidence, not only its existence in the case.
At the end of the day, a criminal attorney must determine how the case will be received by a jury. If you can win, then you may want to go to trial.
Reason #3: It is not uncommon for prosecutors to charge a person with multiple offenses. In such cases, a criminal attorney may determine that some of the charges can be won, while others will be lost. For example, a person may be charged with possession with intent to distribute cocaine in Florida, money laundering, and tax evasion.
After thoroughly analyzing your case, a criminal attorney may conclude that the possession with intent to distribute cocaine in Florida is very strong for the prosecution, but the evidence of money laundering and tax evasion is weak.
If you were to plead guilty as charged, you would be sentenced for all three crimes, not just the possession with intent to distribute cocaine in Florida. Additionally, you would not be able to argue for a lesser sentence based on your claim of innocence as to the money laundering and the tax evasion.
Sentencing is not the time to argue your innocence. That is what trial is for.
Since an additional sentence for money laundering and tax evasion can render your overall sentence much greater, you may wish to go to trial to defeat those aspects of your case. If you are successful, your ultimate sentence will be limited to the possession with intent to distribute cocaine in Florida and you will not be enhanced as a result of the other crimes.
In other cases, a person may go to trial on a much simpler issue, such as the use of a gun or due to the claim that a possession with intent to distribute cocaine in Florida was committed near a school (which would enhance your sentence). While you may not challenge the basic possession with intent to distribute cocaine in Florida, you may wish to fight the claim that it took place near a school.