new york possession of a controlled substance defense

Being charged with possessing illegal drugs in New York can derail your future. But an experienced criminal defense attorney can often get the charges reduced or dismissed.

Read on to learn potential defenses against New York controlled substance possession charges and how a lawyer can help achieve the best outcome in your case.

New York Drug Possession Laws

New York divides controlled substance possession into degrees based on the weight and type of drug. Charges range from misdemeanors to serious felonies with heavy penalties. Even a low-level possession conviction can hurt job and education prospects if you have a criminal record.

When Can You Be Charged With Drug Possession?

You can face charges if found with illegal substances like cocaine, heroin, methamphetamine, LSD, MDMA, prescription medications without a valid prescription, concentrated cannabis, and synthetic marijuana.

Drug possession involves having physical control over the substance. This includes finding drugs in your:

• Pockets
• Wallet
• Purse
• Glove compartment
• Other personal spaces

You can still be charged even if the drugs aren’t on your person.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

This is general information only. Contact us for advice specific to your situation.

Common Defenses Against Possession Charges

Skilled NY drug crimes attorneys frequently get charges dismissed by raising defenses such as:

• Illegal search – If police lacked probable cause for a search, evidence may be excluded.
• No knowledge – You didn’t know drugs were present.
• No possession – Drugs belonged to someone else.
• Planted evidence – Drugs were placed without your knowledge.
• Incorrect weight – The reported weight was wrong.