Arrested for Heroin Possession in Queens? Don’t Go Down Without a Fight

Arrested for Heroin Possession in Queens? Don’t Go Down Without a Fight

Getting arrested for heroin possession in Queens can be scary. The charges seem really serious and you might be worried about going to jail – I totally get it. But don’t panic! There are things you can do to fight the charges. I’m here to walk you through it, because no one should have to go through this alone.

First off, take a deep breath. Everything is going to be OK. I know it’s stressful, but staying calm and thinking clearly is so important right now. Here’s what you need to know:

Get a Lawyer

The first thing you should do is get a lawyer, like, right now. Seriously, stop reading this and go call one. Drug charges are super serious and you need someone in your corner who knows the system and can defend you. Don’t try to handle this yourself – get a professional.

When you’re looking for a lawyer, find someone with experience dealing specifically with drug charges. Bonus points if they have handled a lot of cases in Queens. This stuff can get really technical so you want an expert. Don’t just go with whoever is cheapest. This is too important.

If you can’t afford a lawyer, don’t panic. You can get a public defender appointed to you for free. They won’t be as specialized as a private lawyer but they’ll still help you out. It’s way better than nothing.

Understand the Charges

In New York, possession of any amount of heroin, even residue, is a felony. But the exact charges and penalties depend on how much you had:

• Possession of less than 500 milligrams is a Class C felony, punishable by up to 15 years in prison
• Possession of 500 milligrams to 1 gram is a Class B felony, punishable by up to 25 years
• Possession of 1 gram is automatically considered “intent to sell” and is a Class A-I felony, punishable by up to life in prison

They don’t mess around with this stuff. The smallest amount can bring huge charges. So your lawyer really needs to analyze if the cops measured correctly and if the charges fit the situation.

Get the Evidence Thrown Out

A good lawyer will look closely at how the police obtained the evidence against you. If they violated your rights or didn’t follow proper procedures, your lawyer can argue to get the evidence thrown out. This could get the whole case dismissed.

Some common ways evidence gets thrown out:

• The police didn’t have probable cause to stop or search you
• The police didn’t read you your Miranda rights upon arrest
• The police seized evidence without a warrant
• The police coerced you into confessing

Your lawyer knows all the rules and will aggressively challenge the evidence if the police messed anything up.

Negotiate a Plea Deal

If the evidence is solid, your lawyer can talk to the prosecutor about a plea deal so you get a lighter sentence. This depends on the specifics of your case, your criminal history, and other factors. But it’s very common with drug charges.

Examples of plea deals could include:

• Pleading to a lower possession charge
• Pleading guilty in exchange for going to rehab instead of prison
• Providing information about your dealer for a reduced sentence

Work closely with your lawyer to negotiate the best deal possible. You’ll probably have to plead guilty to something, but it’s better than the maximum.

Go to Trial as a Last Resort

If no plea deal can be reached, you have the right to take your case to trial. Your lawyer will argue to the jury that you’re innocent or the charges are wrong. But trials are risky – you could still be found guilty and get the maximum.

So going to trial should only be a last resort. Your lawyer will advise if it seems worth the gamble based on the evidence and possible sentence.

Get Your Life Together

I know this whole situation sucks. But try to look at it as a wake up call. Use this as motivation to get your life on track. Go to rehab, get clean, figure out the underlying issues leading to substance abuse. It won’t make the charges go away, but it puts you in a better position legally and personally.

The court will look kindly on you getting treatment voluntarily. And who knows – maybe this ends up being a blessing in disguise if it helps you turn things around.

You’re Going to Get Through This

I know all this seems terrifying. The system is stacked against you and it’s easy to get overwhelmed. But take a deep breath. Millions of people have been in your shoes and come out OK on the other side.

Follow the steps above, take it one day at a time, and lean on your friends and family for support. You’re going to get through this. Stay strong and keep fighting.

And remember – call a lawyer right now! Seriously, like stop reading this article and dial the phone. They can start protecting your rights immediately. Don’t say anything to the cops without your lawyer present.

You’ve got this. It’s going to be OK. Call me if you need anything at all – I’m here for you.

References

Here are some references I used for the information in this article:

• Five arrested in suspected drug trafficking operation in Queens – Details a recent Queens heroin/fentanyl bust
• DEA press release – Examples of major heroin arrests and seizures
• The Police and Drugs report – Data on drug possession arrests and police procedures
• DOJ OCDETF press releases – Numerous heroin possession cases and outcomes
• Human Rights Watch report – Details the harms of criminalizing drug possession
• DEA Ridgewood heroin bust – A major 2021 Queens heroin seizure