The best criminal defense lawyers are very careful when analyzing a trafficking in cocaine case. Every detail must be considered in the context of applicable law. The role of knowledge in trafficking in cocaine cases is no exception.
Clearly, when it comes to proving possession, knowledge plays a significant role. However, knowledge has other applications in trafficking in cocaine cases as well. Specifically, lack of knowledge of the illicit nature of the controlled substance in question is an affirmative defense.
However, when a person in a trafficking in cocaine case is found to be in actual or constructive possession of cocaine, a jury may presume that the defendant was aware of the illicit nature of the cocaine. At the same time, if the jury has a reasonable doubt about the defendant’s knowledge of the illicit nature of the cocaine, then they must find the defendant not guilty.
In the alternative, if the jury is convinced that the evidence proves the defendant knew of the illicit nature of the cocaine andall of the elements of trafficking in cocaine have been proven beyond a reasonable doubt, then they would be instructed to find the defendant guilty.
Once a jury has considered all the elements of trafficking in cocaine, including the definitions for selling, manufacturing, delivering, actual possession, and constructive possession, as appropriate given the type of trafficking in cocaine case at issue, they must also make a factual finding about the quantity the defendant allegedly trafficked.
This finding is extremely important because trafficking in cocaine has very serious minimum mandatory prison sentences, depending on the quantity of cocaine at issue. The jury must make a finding using the following weight ranges:
- 28 grams or more, but less than 200 grams
- 200 grams or more, but less than 400 grams
- 400 grams or more, but less than 150 kilograms
- 150 kilograms or more
Thus, a jury must make two distinct factual decisions. First, is the defendant guilty of trafficking in cocaine? If the answer to that question is yes, a jury’s second decision concerns quantity.
As a criminal defense lawyer, I can tell you that it is not uncommon for jury’s to hung up on the question of quantity. In fact, criminal defense attorneys may take a trafficking in cocaine case to trial simply to challenge the quantity in question. Sometimes the underlying trafficking cannot be successfully challenged at trial. However, if the prosecution is unable to prove quantity, then there is a major problem with the case.
Keeping in mind that trafficking in cocaine carries very serious minimum mandatory prison sentences, it may make sense for a criminal defense lawyer to take a trafficking in cocaine case to trial simply to prove that his/her client is guilty of trafficking in cocaine of a lesser quantity than is charged by the prosecution. While such a strategy does not contemplate a total win, it may make the difference between serving 3 years, 7 years, 15 years, or even life in prison.