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Last Updated on: 9th August 2023, 04:14 pm
If you are charged with drug distribution in New York, then you could be ordered to spend a significant length of time in jail as this is often one of the most serious drug crimes in the state. After being charged, you should contact an experienced attorney who can handle your case, look at the evidence and the method of how the evidence was gathered by officers, and present the best defense in court. If convicted of the crime of drug distribution, then your life could be impacted in numerous ways. You could lose your job, your relationships with those you love could change, or you could be placed on supervision after spending time in jail or instead of being sentenced to jail. Supervision often means that the things you do each day are limited and that you would need to take random drug tests to show that you are not using drugs.
If you consult with your attorney and present details about how drugs were found in your possession or if you have a solid alibi regarding the distribution charge, then your attorney could be able to reach a deal with the prosecution so that your charges are reduced or dropped altogether. It’s important to maintain contact with your attorney throughout your trial process so that you can supply any additional information that might be needed.
There are several drugs that are illegal to possess in New York and that can often result in a felony charge. These drugs include cocaine, heroin, prescription drugs, and meth. In order to be charged and convicted of drug distribution, the prosecution must be able to show that you possessed drugs and had the intent to give or sell them to other people. One of the ways that your attorney can defend a drug distribution charge is by approaching the court and stating that you were not aware that drugs were in the vehicle you were operating or in the home you were in at the time officers arrived to search the property. If you can clearly show that you had no knowledge of the drugs being present, then you could be cleared of the charges and not have the charge on your criminal record at all.
If you’re charged with possession of a drug, especially one like marijuana, then it will usually be a misdemeanor instead of a felony. However, since distribution often means that you’re getting drugs out to other people, it’s a charge that’s often considered a felony. You could also be charged with a felony if you have a large number of drugs in your possession without the intent to distribute. Charges could range from a class D felony to a class B felony with each having their own consequences. Some consequences could include years in jail if you are convicted in a court of law. As long as the prosecution has evidence of intent to distribute drugs, then you could be charged with the crime even if there isn’t clear evidence that drugs exchanged hands.
When you consult with your attorney about your charges, you’ll often be asked about the type of drugs that you were accused of distributing. This is an important detail as some drugs could result in a longer jail sentence than others. Another factor that the court will consider is the amount of drugs in your possession. Your attorney will look at how the officer found the drugs if there were any present and how the officer obtained evidence that you could have been distributing drugs as the process of recovering evidence has to be completed in a legal manner. The court will often take into consideration your criminal record before giving a sentence if you are convicted of the crime.
An attorney will understand the legal process of drug distribution charges and will be able to offer the best advice so that the best results are delivered in court. Sometimes, representing yourself in court might not be the best option if you are facing significant jail time as you might not be aware of the legal proceedings and how to negotiate plea deals in court. Your attorney can sometimes meet with the prosecution before you go in front of a judge to reach an agreement outside of court as well.
Drug Crimes Lawyers: Drug Distribution Penalties
New York, like many other states, takes drug possession and drug distribution quite seriously. Prosecutors pursue these crimes with the help of laws that only a good criminal law defense lawyer can navigate.
Drug possession and distribution come with severe penalties that can destroy lives in different ways. If you happen to be on the receiving end of the law regarding drug possession and distribution, then it is of the utmost importance that you contact an experienced lawyer who has experience with these kinds of crimes. You want the odds on your side, and this is one way to tip the balance in your favor.
What May Impact Drug Possession Charges
These types of charges can be influenced by a number of things, causing the prosecutor to seek different penalties. One thing that could influence the penalties is the weight of the drug in question or the amount that was sold or that you were in possession of.
You should also know that crimes linked to this charge will also affect the severity of your penalties. Crimes that are sometimes associated with distribution or possession are murder, assault, weapon possession, past incidents or crimes, and much more. Specifics will have to be discussed with your lawyer so that you have a better understanding.
Keep in mind that search warrants have gotten quite sophisticated. It is possible that a warrant could be issued to search through smartphones, computer, and videotapes that show the crimes taking place.
It is possible that if a person is arrested for distribution several times, the police department may attempt to investigate you as a part of something bigger. The police department may be attempting to go after the organization you are part of. If you happen to be arrested as a part of this larger arrest, then a lot is likely to be taken in, such as a large amount of drugs or cash, vehicles, watches, jewelry, and anything else of value.
Penalties for These Charges
New York law could say that your possession penalty will be nothing more than a misdemeanor, and that means you won’t serve more than one year in jail. Some people may be charged with a C felony if the crime is severe enough, and that could mean years of state prison.
After the Conviction
Once a conviction has been reached, a lot could happen depending on what the judge wants for you and the crime. Some can be ordered to probation so that they are monitored for a specified amount of time.
During this time, you are going to be sent to rehabilitation as part of your punishment. It is in your best interest to go ahead and partake in these drug rehabilitation programs because if you are a first-time offender, you might be able to prevent a criminal record. If it is not your first offence, you might earn some grace points if you go through the program.
Finding a way to fight this is incredibly important. As you know, your life could be compromised with a conviction. Your ability to get a job, an apartment, go to college, and have any sort of normal life is on the line. Having a defense attorney that knows the law and knows how to help you with these charges is your best bet.
Diversionary and Alternative Sentencing for First Offenders
First time offenders do have an option in New York that would steer them away from jail. You can pursue diversionary or alternative penalties with the help of the right lawyer. This route can help you avoid the criminal aspect of this charge, well, not entirely, but it should definitely be helpful.
Most of the time, the alternatives deals with rehabilitation, but if you do have a problem with drugs, then it is in your best interest to talk to a lawyer as quickly as possible because your problem could get the better of you later on.
Information Regarding Possession in New York
Remember that, at least for now, there is no such thing as personal use possession. The law is going to recognize any kind of possession as a crime. You are in possession of a controlled substance, and that means you are violating the law, no matter the amount you possessed during the arrest.
Prescription drug abuse is treated the same. There are certainly a number of prescription drugs that could lead to a misdemeanor or worse. If you have it and don’t have a prescription for the drug, this is a problem. This is the case even if you grabbed it from a family member in your own home. The prescription drug was not for you, end of story.
What lies ahead could be quite overwhelming, and the penalties can definitely be severe. You don’t have the luxury to go on without the help of a lawyer. It is important that this lawyer is from New York and has defended others for this type of crime. Do not hesitate to give us a call as soon as you are capable so that we can get started building a case on your behalf.