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220.28 Use of a child to commit a controlled substance offense

March 21, 2024 Uncategorized

New York has a number of controlled substance offenses that fit a variety of circumstances. One of the goals of New York’s substance abuse laws is to prevent young people from becoming drug users and abusers. Because of that goal, one of the drug crimes in New York is using a child to commit a controlled substance offense. A violation is a class E felony.

Elements of the offense

Crimes have different parts called elements. These are all of the different things that the state has to prove in order to convict you of an offense. It’s not enough for the state to prove that you’re guilty of some of the elements of the charges against you. Instead, they have to show that you did everything in order to be in violation of the law.

Using a child to commit a controlled substance is an offense that only an adult can commit. The first element of the crime is that the person who commits it must be 18 years old or older at the time of the offense. Then, you must sell or try to sell a controlled substance. You must use the child to try to make the sale.

When you’re faced with this charge, it’s important to carefully review the definitions of what it means to use the child in the sale. The law defines this as using the child to hide the controlled substance on their body. It can also mean telling or otherwise ordering the child to make the sale or help with it. The child must be less than 16 years old in order to count as a child for the purposes of this subsection.

As the law is written, it may not be enough to simply have the child present at the transaction. It’s also not enough to be present while a child sells drugs. The law also has exceptions for age. If one of you is 17 years old, the law may not apply. It’s important to pour through the details of the allegations against you and compare them to the exact definitions of the offense.

Other defenses

In addition to defending the case on the grounds that law enforcement can’t prove one or more of the elements against you, there are other defenses that you may want to explore in your case. The New York constitution prevents law enforcement from getting a warrant without probable cause. While there are some circumstances where they can search without a warrant, you still have a right to be free from unreasonable interference from the police in your daily life. If they don’t have a reasonable, lawful grounds for the search and seizure in your case, the result may be that they can’t present certain evidence to the court.

You may also raise issues of mistake or accident, chain of evidence issues or a lack of knowledge about what you were doing. If you take your case to trial, you have the right to call and question witnesses. You also have the right to testify on your own behalf.

Plea offers and drug court

The state couldn’t possibly conduct trials for all of the people that they accuse of committing crimes. They have to have a plea bargain system. You may be able to negotiate a non-trial resolution to a plea offer that’s acceptable to you. In the case of the offense of using a child to commit a controlled substance offense, you may be able to arrange a plea bargain to a misdemeanor offense. You may also arrange for participation in a drug court program in exchange for a conditional plea to a reduced charge.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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