Busted for PCP in Queens? A Lawyer Can Help You Beat the Charges

Busted for PCP in Queens? A Lawyer Can Help You Beat the Charges

Getting arrested for PCP in Queens can be scary. You may be facing drug possession charges, even though you didn’t realize you had PCP on you. Don’t worry – a good lawyer can help you get the charges reduced or dismissed. I’m going to walk you through the process and what you need to do next.

What is PCP?

PCP stands for phencyclidine – it’s a dissociative hallucinogenic drug that can make you feel out of control. It can be found as a powder, liquid, capsule, or tablet. Some street names for PCP are angel dust, ozone, wack, or rocket fuel. PCP is considered a controlled substance in New York.

What are the PCP laws in New York?

In New York, possession of PCP is illegal under Penal Code 220.03. This is a Class A misdemeanor, with up to 1 year in jail or fines up to $1000. The amount doesn’t matter – any amount of PCP can lead to charges. There are two exceptions:

• If the PCP is residual on a syringe from a legal needle exchange program
• If the PCP was found when you were seeking medical help for an overdose

Selling PCP is more serious – it can lead to felony charges with years in prison. Manufacturing and distributing PCP are felonies too. So it’s important to only be charged with possession if possible.

What should I do if I’m arrested for PCP?

First, don’t say anything to the police except that you want your lawyer. Anything you say can be used against you. The police might try to get you to confess or talk, but don’t fall for it. Just keep asking for your lawyer.

Next, call an experienced criminal defense lawyer in Queens right away. A lawyer can help get charges reduced or dismissed. They know how to challenge the basis for your arrest or argue about problems with how the PCP was found. I’ll talk more about defenses in a minute.

Should I take a plea deal?

The prosecutor may offer you a plea deal to plead guilty to a lower charge, like possession in the 7th degree instead of a higher felony. Your lawyer will advise if you should take it based on the evidence. Sometimes its better to take a deal and avoid a huge risk at trial. But other times the evidence is weak and you can win dismissal at trial. Your lawyer will give you the best advice.

Can I go to drug court instead of jail?

If you have an addiction problem, you may be able to go to a treatment program instead of jail. This is called Drug Treatment Court in New York. You have to request a hearing and prove your addiction and that you’d benefit from treatment. If approved, you plead guilty, complete the program, and then your charges are reduced or dismissed. It’s a great option to avoid jail time.

What are some defenses in PCP cases?

A good lawyer knows how to defend PCP charges by challenging the arrest or the evidence. Some common defenses include:

• Illegal search – if the police didn’t have probable cause or a warrant, the PCP may be excluded
• Illegal stop or detention – if you were stopped without reasonable suspicion
• Misidentified substance – if the cops thought it was PCP but lab tests show it wasn’t
• Lack of knowledge – if you didn’t know the PCP was there
• Insufficient quantity – if they can’t prove you had more than a residual amount

A good lawyer can look at the details of your case and decide the best defense strategy. Don’t go it alone against the prosecutor – hire an experienced lawyer.

What are the consequences of a PCP conviction?

A PCP possession misdemeanor conviction can lead to big fines and up to 1 year in jail. It also gives you a criminal record which can affect jobs, immigration status, custody rights, and more. Felony convictions are even worse.

But many PCP charges end up dismissed or reduced to a violation with a fine only. So don’t panic – a good lawyer gives you a fighting chance.

How much does a defense lawyer cost?

Costs vary, but expect to pay $2000 – $5000 for a lawyer to defend a misdemeanor PCP charge. Complex cases with felonies will be more. The cost is worth it to avoid jail time and a record. Ask your lawyer about payment plans.

What should I do next if charged with PCP possession?

1. Don’t talk to police and ask for your lawyer immediately
2. Hire an experienced criminal defense lawyer in Queens
3. Follow your lawyer’s advice about whether to plea bargain or fight the charges
4. Consider drug court if you have an addiction

A PCP charge is scary but beatable. With an experienced lawyer, you can move on with your life. Don’t wait to call a lawyer – the sooner you act, the better. You can do this!

References:

• NY Penal Code 220.03
• NY Drug Crimes Sentencing
• NY Controlled Substance Defenses