NYC Drug Possession Lawyer
Our NYC Drug Possession Lawyer can help you to learn the possible charge in New York you may receive and build a solid criminal defense for it in order to spare you from drug charge as fast as possible.
In a continent like the USA, crimes are classified into three categories;
- A violation,
- And felony
The fist and the second category attract penalties but not as harsh as those of felony crimes. In that context, drug crimes lie in the category of felony crimes. These crimes carry massive penalties as illustrated by Rockefeller drug laws in NYC.
Some of the criminal drug cases include;
- Narcotic charges whereby you can be charged with possessing even a little amount of heroin, or cocaine. These drugs are harmful to the community, and thus the legislature of most states has enacted strict laws against anyone possessing these drugs.
- Drug trafficking includes producing, dispensing and selling controlled substances.
- Drug possession charges could fall on you when you are found with at least 500mg of drugs. In fact, if you're convicted with this charge, you'll serve at least one to two and a half - years in prison.
- Selling controlled substances could lead to jail time.
- Marijuana charges apply if you own a piece of land with marijuana, sell marijuana or possess any.
What Are Drug Crime Penalties?
Drug crimes penalties differ in various countries. For instance, possessing marijuana in New York could attract a misdemeanor penalty while cocaine possession attracts a stiffer penalty in the same city. In other words, possession of controlled substances attracts different penalties depending on how each country defines the term controlled substances.If you’re found possessing a drug, the responsible body will determine whether the drug falls under controlled substance, whether you intended to distribute the drug. Consequently, a decision will be made based on the degree of the felony. For instance, if you possess drugs but don't intend to distribute it, you may be charged with a fine of below $100 and a few days in prison. However, this is applicable if found in possession of a little amount of the drug. On the other hand, if you have cocaine and there is evidence you intend to distribute it, you'll be charged with the first-degree felony, and you can spend 8-20 years in prison.
How Does the Law Define Possession of Drugs?
If an illegal drug was found in your house, the law presumes you knew the presence of the drug. Thus, you could be charged with possessing illegal drugs. Similarly, if a drug was found in your car during a random car search, everybody in that car could be accused of possessing illegal drugs. So, anyone found in close proximity to illegal drugs is presumed to know of its existence. If one of your children uses drugs and you live in the same house, you'll have questions to answer. However, an experienced lawyer can help you settle the charges.
How Are Drugs Classified in Regards to Crime Charges?
Various controlled substances are put to different categories, and each category attracts specific punishment. These categories are five, and the first list is termed as the most dangerous. Undoubtedly, this class attracts the harshest penalty. The types are as follow;
Class A-I felony & Class A-II felony
All narcotic drugs belong to this group. If found possessing 8 ounces of narcotic drugs including methadone, you may attract a fine of $100,000 and prison time of 15 years to 25 years as illustrated by N.Y. Health Law.
Class A-II, however, is a class for narcotic drugs, hallucinogenic substances, and methamphetamine, lysergic acid and methadone but in small quantities. They attract lesser fines and prison time of about 3 to 8 years.
Class B felony
Class B drug felony N.Y. describe narcotic drugs and others as mention above but in quantities of 1250mg to half an ounce. This class may attract a fine of 30000 and up to 25years in prison.
Class C felony
This class attracts a fine of $15000 and up to 15 years. If you’re found with 25mg of all the drugs mentioned above or two pounds or more depressant.
Class D felony
The more little amount of drug you possess, the minimal penalties. So, as you move from class A to D, the penalties decrease. Thus, this class attracts fines of $5000 and up to 7 years imprisonment.
Class A misdemeanor
The class A misdemeanor represents any CDS not specified above but marijuana. Possessing drugs that fall in this group attracts a fine of $1000 and one year or left in prison.
What Should You Do When Caught With Drugs Charge?
There are several mistakes people make when caught with drugs. Unfortunately, they may alleviate the charges instead of reducing them. Some of these mistakes include;
- Admitting Unnecessarily
It's understandable if you get nervous when caught with drugs. However, you might admit unnecessarily to every question the police ask. While it is best you cooperate with the police, you should keep your silence until you contact your lawyer. A drug charge is disastrous primarily because of the penalties involved. Bearing that the law is complicated and has lots of technical jargon, you can be tricked into answering a question against your knowledge. Instead, find an experienced criminal defense lawyer.
- Plea Bargaining
Unlike in the market where you can bargain some stuff, you can't bargain your plea unless through a lawyer. People, however, open up assuming that they can bargain with the judge. It's a mistake but, depending on the level of your felony, your lawyer may bargain your plea.
- Using Social Media Inappropriately
Suppose you've been charged with the usage of marijuana. If your social media is filled with images promoting your usage of the drug, the prosecutor might use the images as evidence. You, therefore, have to remain conscious of what you post online.
Also, be careful while asking about drug laws on an online platform. You might expose too much about yourself and could later be used against you. Instead, talk to your lawyer regarding any legal issue.
How Can a Lawyer Help You If You’re Charged with Drug Felony?
Although the government is implementing its resources to curb drug trafficking in the USA, 50% still flows on the street. This means you might be caught up in the midst of charges like living in a house whose one room has drugs. So, if you're caught up in such a situation, a lawyer may help you get the right charge or penalties reduced. However, you must hire a lawyer who understands the New York drug laws sentencing chart and drug dealing in New York. A lawyer with this knowledge and expertise in representing other clients is the best bet that would represent you to a successful ruling of the case.
Moreover, if your drug crime ends up becoming a federal case from the local level, it will be challenging, and you need an excellent lawyer.
Another advantage of hiring a lawyer is their ability to make a case move from a more severe felony to a less serious offense. For instance, if you're found with more narcotic substances, the law presumes you intend to distribute it. However, the lawyer could suggest you're a heavy user, and you need rehab or inpatient program.
The point is, a lawyer could help you get a lesser charge as compared to when you don’t have any.
Drug law is complicated, especially because possessing a specific amount of drug could attract one penalty from another. With the help of a lawyer, you'll learn the possible charge you may receive and prepare a defense for it. Nonetheless, ensure you research the lawyer you want to hire otherwise you'll spend your money on less qualified who can wholesomely represent you. With that said, ensure to find law offices with professional lawyers, best to represent you for drug crimes.
All you should do to get the best defense is to contact us by our telephone :+(1) 347-763-93-96 or visit our office at 464 Ocean parkway, Brooklyn, NY 11218.