The possession of illicit drugs and controlled substances without a valid prescription is a serious criminal offense in New York. Upon a conviction, you risk penalties including overwhelming fines, years of imprisonment, and the permanent burden of a criminal record. If you have been charged with drug possession, understanding the steps you can take to help protect yourself in these matters is crucial. Please continue reading as we explore what you should know and why enlisting the help of an experienced Rockland County Drug Possession Attorney is in your best interest.
What Can I Expect if I’m Convicted of Drug Possession in NY?
Generally, the severity of the penalties you can face for drug possession in New York are based on the type of drug in question, the quantity of the drug allegedly in your possession, and any aggravating factors that may apply to your case. New York divided controlled substances into five “schedules.” Drugs are placed in their respective schedules based on their currently accepted medical use in treatment, their relative abuse potential, and the likelihood of causing dependence when abused. Schedule I includes the most dangerous drugs as they have the highest probability of abuse and no recognized medical value. Schedule V drugs, on the other hand, have the lowest potential for abuse, which means they render less severe penalties.
What Can I Do to Help My Case?
Unfortunately, there are many mistakes that criminal defendants make when they are facing drug charges in New York. To avoid jeopardizing the outcome of your case, it’s crucial to understand your rights. When you are being questioned by the police, you are only legally obligated to provide basic information. Under the Fifth Amendment Right of the United States Constitution, you have the right to remain silent. Therefore, you should avoid making any statements without your attorney present to avoid self-incrimination.
Next, you should note that you are safeguarded from unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution. Unless law enforcement has been issued a search warrant or has probable cause, you don’t have to let them conduct a search of your property. If they execute a search without a warrant, probable cause, or consent, an attorney can file a motion to suppress evidence, which can potentially weaken the prosecution’s case against you.
Finally, one of the most important constitutional protections you need to remember is that you have the right to an attorney. Connecting with a seasoned criminal defense attorney is the most important step you can take to help your case, as they will examine the facts of your case and determine the best course of action. Contact The Law Office of Carl Spector today to learn more about what we can do for you during these tough times.
