Delivery of Cocaine Under 50 Grams
If you are charged with delivery of a controlled substance, such as cocaine, you will be facing a felony charge according to Michigan law. Cocaine is classified as a schedule 2 drug, and the penalties for delivery are severe.
Common schedule II drugs are considered to have a high potential for abuse and include such drugs as: opium, cocaine, morphine, OxyContin, Adderall and hydrocodone.
The potential for abuse is a critical factor in determining which schedule a drug is placed in, and a particular drug need not be listed in the schedules to be treated as a schedule 2 drug for criminal prosecution. If you are found with a drug that has a similar chemical makeup to cocaine, for example, the prosecutor will charge you with delivery of a schedule 2 drug.
For a more comprehensive discussion on drugs, their classification, and chemical makeup you can visit the DEA website.
Common Delivery of Cocaine charges and penalties include:
-Delivery of less than 50 grams of cocaine is a 20-year felony with a fine of up to $25,000.00.
-Delivery of between 50 – 450 grams of cocaine is a 20- year felony with a fine of up to $250,000.00.
-Delivery of between 450 – 1000 grams of cocaine is a 30-year felony with a fine of up to $500,000.00.
-Delivery of more than 1,000 grams of cocaine is a possible life sentence felony with a fine of up to $1,000,000.00.
Proving a Delivery of Cocaine charge
It is important to remember that before you can be convicted of delivering cocaine, the prosecutor must prove that: (1) you knew the substance was cocaine, and (2) that you intended to give it to another person.
Whether or not there was an exchange of money is irrelevant because “delivery” does not mean that you intend to sell the drugs, only that you intend to transfer the drugs in your possession to someone else. For example, a police officer can actually prove you delivered the drugs by seeing you hand drugs to another person.
Defending the Delivery of Cocaine Charge
It is important to have an experienced attorney who will investigate and develop the factual support for your defense. Attorney Barton W. Morris, Jr., will evaluate every detail of your case to ensure that evidence against you was gathered appropriately and in compliance with your 4th Amendment rights against unlawful searches and seizures, which is a common violation police officers make. If Barton W. Morris, Jr., can show that the police violated your rights, the evidence obtained must be suppressed and therefore the charges will be dropped. No evidence = Not Guilty.
For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your delivery of cocaine charge. Barton W. Morris is dedicated to researching and understanding drug charges and takes an aggressive approach in defending each and every one of his clients. Having conducted multiple dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.
Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy and all surrounding areas.