Drug Possession Defenses in New York

If you were charged with drug possession, you may be wondering about your options. Read on and reach out to our skilled Rockland County drug possession attorney today to discuss your options.

What are common defenses for drug possession in New York?

If you are facing the consequences of a drug crime in the state of New York, it is important that you have the representation of a strong legal team that can explore all potential defenses on your behalf. Some of the many drug charge defenses that our firm can look into can include whether the law enforcement agency that arrested you had probable cause when performing the search, whether the drugs were not actually yours, failure to read your Miranda Rights, and whether the traffic stop was lawful if you were driving at the time of the stop that resulted in your arrest. Keep in mind that everyone’s situation is different, which is why it is critical that you speak with a dedicated criminal defense attorney right away.

What are the most common types of drug charges in New York?

The most typical drug-related charge in New York is criminal possession of a controlled substance, which is referred to as a Class-A misdemeanor. This conviction is typically given for possession of small, personal amounts of cocaine or heroin. A Class-A misdemeanor can have a sentence of one year in jail. If you have been arrested for a drug crime in New York, the police can administer a desk appearance ticket to appear in front of a judge for an arraignment instantly after your arrest. The penalties for drug possession charges in New York can include the following:

  • Marijuana: A first-offense marijuana possession charge of up to 25 grams typically results in a $100 fine. However, possessing any more than 25 grams can result in jail time and overwhelming fines. For instance, between 25 grams and 2 ounces can result in up to 3 months in jail and fines of up to $500.
  • Cocaine: If you are charged with possessing up to 500 milligrams of cocaine, you can face a Class A misdemeanor. If you have more than 500 milligrams of cocaine in your possession, you can face a Class D felony, and face even more significant penalties.
  • Heroin: If you knowingly have any amount of heroin, you can face a Class A misdemeanor. However, over 500 mg is a Class D felony. Felony charges rise as the amount of heroin in one’s possession increases.

What mistakes are typically made by those facing drug charges?

There are numerous common mistakes that clients make when they are facing drug charges in NY. These include:

  • Making unnecessary admissions to the police
  • Supposing you can plea bargain and walk away with minimal consequences after a first-time arrest
  • Failing to exert proper caution and common sense on social media

Contact our experienced Rockland County firm

Those facing criminal charges in New York need a strong criminal defense attorney who knows the ins and outs of the criminal justice system. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation.