NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 26th August 2023, 10:11 pm
New York has plenty of drug crime, but that’s not because the state doesn’t take measures to penalize those who engage in drug activity. Just getting found to be in possession of drugs is enough to drastically upset your life. Drug possession charges are no laughing matter, and you could be facing serious penalties if you’re convicted of the charges.
Some of the penalties you could be looking at if you’re convicted of drug possession in Brooklyn include incarceration, fines and fines and probation. Not only could you have to pay hundreds or even thousands of dollars if you’re convicted of possessing drugs, but you could also have to serve months or years in jail. When you get out of jail, you’ll likely have to serve time on probation too.
Brooklyn courts tend to put people on probation when they’re released from jail when they’re convicted of drug crimes in an attempt to monitor them and make sure that they aren’t engaging in drug activities anymore. If you’re on probation for drugs, your probation office can test you for drugs at any time, and if drugs are found in your system, then your penalties could be increased. You could be charged again or have to serve more time in jail.
To make matters worse, there are more than just legal penalties at stake. While having to serve time and pay high fines and fees is deterring enough, drug possession charges can affect your life in various others ways too. For instance, your image could be tainted. You could face public embarrassment, and some people within your circle might choose not to associate with you anymore. This could affect your dating life and your friendship and family relationships. You could be branded a criminal or felon, and that could also affect your opportunities when it comes time to get a job. You could lose your job if you already have one because some workplaces have a zero tolerance policy when it comes to drugs. They might let go an employee who’s convicted of drug possession. This, of course, would affect your income and your lifestyle.
A Brooklyn Drug Possession Defense Lawyer Can Help
When you’re charged with drug possession, a Brooklyn drug possession lawyer can help. Drug possession lawyers make it their job to stay up to date on all the latest laws and statutes concerning drug possession, so they can advise you of all the consequences you’re facing as well as possible ways to minimize them.
The first thing that a lawyer will do is try to determine whether the arrest was lawful. Your lawyer will ask you all about the circumstances leading up to your arrest, and he or she might look at any evidence available pertaining to the case. If your lawyer can prove that the arresting officer arrested your unlawfully, then your entire case could end up being dropped since any evidence submitted after an unlawful arrest is made is automatically thrown out.
Even if your lawful can’t prove that the arrest was unlawful, he or she might be able to get the charges dropped or reduce if he or she can cast doubt on whether or not the drugs were indeed yours. For instance, if the officer arrested you, but the drugs were found in the floorboard of your car and there were three other people in the car with you, then your lawyer could possibly argue that the drugs were not on your person and that you had no idea they were in the car, that one of the other passengers must have smuggled them in.
If your lawyer can’t get the charges dropped or reduced, he or she can still help you immensely. Lawyers are specially trained with negotiation skills. They also have relationships with the prosecution team, judges and other court officials that they can use to secure you the most favorable outcome if you are convicted of drug possession.
Contact a Brooklyn Drug Possession Defense Lawyer
Do not go into the courtroom without legal representation. Contact a Brooklyn drug possession defense lawyer today to get legal advice and representation that can help minimize the damages of a drug possession charge.
Don’t deal with Brooklyn Drug Possession Defense Lawyer alone. Speak to the Spodek Law Group today.
Brooklyn Drug Possession Defense Lawyer
State and federal drug possession regulations and laws state that it is a crime for U.S. citizens to carry willfully, traffic, or use illegal substances. The unlawful stuff includes marijuana, cocaine, heroin, “club drugs,” methamphetamine, and LSD. The Controlled Substances Act (CSA) enacted in 1970 outlaw the ownership of “precursor” chemicals that drug traffickers use to cultivate or manufacture drugs.
New York Penal Code and Drug Laws
The state of New York Penal Code has six categories of drug possession charges. The laws classify drugs crimes into the first-degree controlled substance ownership. A first-degree marijuana possession offense exists too. Residents of Brooklyn can also face drug-related misdemeanor offenses, minor marijuana ownership charges. However, most citizens caught with drugs struggle with felony proceedings.
To help you understand the operations of the NY penal code, our Brooklyn criminal defense attorneys provide the breakdown of the class A-1 to Class E felonies as well as the penalties that the defendants can suffer.
• Class A-I drug possession felony: A maximum $100,000 penalty, 15-40 years jail term, or a life sentence.
• Class A-II felony can invite a fine of up to $50,000, 3-8 years in jail, or a life sentence.
• Class B drug possession conviction means the culprit may get one to 25 years imprisonment or a fine of $30,000 maximum.
• A defendant in a Class C felony may get a jail term of one to 15 years or a fine not exceeding $15,000.
• If you face Class D criminal allegations, you can suffer a prison sentence ranging from one to seven years or a fine not surpassing $15,000.
• The consequences of a Class E felony conviction result in a jail term between one and four years or a fine not more than $15,000.
How do Prosecutors Classify Drug Possession Crimes?
The Brooklyn, NY, prosecutor or magistrate rely on the type and quantity of the drug you possess to categorize your charges. For example, the class A-1 drug ownership felony will face the residents caught with narcotic substances measuring eight or more ounces. You will face A-1 criminal charges if you possess at least 5,760 milligrams of methadone. Possessing marijuana can lead to a 15 days imprisonment or a $250 minimum.
Brooklyn Drug Possession Defense Lawyers
You can only defend yourself when you understand what it means to possess drugs. The law takes illegal substance possession as both physical or “constructive.” The constructive principle will come into play when the defendant exerts control on the place or person carrying drugs. For example, the citizen with the keys to a drug safe or container may face prosecution. The law can apply to the employer of the drug traffickers too. Typically, New York residents will have trouble with the law for the reasons below:
• You carry, sell, buy, or possess a controlled substance.
• The defendant knew that the stuff is unlawful.
• An accused person stored or forced another resident to keep or carry the drug.
At the Spodek Law Group, we have over 40-years of experience defending persons accused of drug-related crimes on the following grounds:
• The defendant lacked the knowledge about the substance being an illicit substance.
• You had lawful and temporary possession.
• The stuff is prescription medicine.
• Your stuff constitutes an insufficient quantity to warrant prosecution.
• Initiate defense on infancy grounds for residents below 16 years.
Consult a Brooklyn, NY criminal Defense Lawyer
Our attorneys will study the particulars of your charges to develop a robust defense strategy. We can also establish procedural mistakes during the search or seizure of illegal substances. Your presence in a vehicle or house with drugs can lead you to problems. If you face a drug offense investigation or prosecution, call us for a free no obligation legal guidance on 888-997-4071.