No matter what your personal beliefs are on the legalization of drugs, the fact remains that the unlawful possession of any controlled substance in New York City is a crime. Prosecutors take a harsh stance on drug crimes, aggressively prosecuting possession of even a small amount of drugs. The best way to achieve a favorable result for your drug charges is to retain a skilled New York City drug defense lawyer.
For more than two decades, I’ve worked to defend the people of New York against drug charges. In many cases, what a person needs is not jail time, but treatment. I am committed to compassionate, honest representation of my clients who are facing drug charges. I take the time to listen to your concerns, and I’ll make sure that you understand the charges against you. Whenever possible, I’ll negotiate a deal to get the charges reduced or dismissed. But if we can’t reach an agreement, I’ll aggressively defend you in court, arguing all factual and legal defenses to the charge.
In the state of New York, the possession and distribution of drugs are considered serious crimes. The state maintains a schedule of drugs that classifies them according to how dangerous they are. If you are arrested for possession of any drug on the schedule of controlled substances, you may be facing significant jail time.
It is illegal to possess marijuana, cocaine, methamphetamine, heroin, Ecstasy and other street drugs. It is also unlawful to possess prescription drugs without a valid prescription; this includes Oxycontin, Vicodin, Xanax and other medications. While mere possession of these drugs can lead to charges, possession of a larger quantity of drugs can be charged with possession with intent to distribute — which carries far heavier sentences.
Penalties for drug charges vary considerably based on the type of controlled substance and the amount involved. If you have prior convictions or were caught with weapons in addition to drugs, the charges may be elevated.
In New York and throughout the United States, the police must follow the law when it comes to searching people and places and seizing property. If you or your home were searched illegally, then I may be able to have the evidence of this search and seizure suppressed.
Suppression is a legal remedy that courts use in criminal cases where police have illegally obtained evidence.This can happen in a number of ways. For example, if you were at home when the police knocked on your door and asked to search your apartment, you have the right to refuse to allow them to enter unless they have a warrant or there is an emergency. If they search your home and found drugs without your permission, a warrant or “exigent circumstances,” then the search was illegal. I’ll file a motion asking the judge to suppress the evidence that they found — keep it out of court — because your constitutional rights were violated. If the judge agrees, then the prosecutor can’t introduce this evidence at trial, and the police cannot testify about the drugs. In some cases, this may lead to a dismissal of the charges against you.
In many cases, a person charged with drug possession is suffering from the disease of addiction. If that is your situation, you likely need treatment — not jail — to help you recover and prevent you from committing the crime again. I’ll listen to your story and discuss options and desired resolutions with you. I’ll advocate for you with the prosecutor, arguing that treatment is a better alternative to jail and that you should be given the opportunity to get better. Whatever your situation may be, I’ll stand by your side and aggressively defend you to get the best possible outcome.