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Drug Crimes Lawyers: Drug Possession With Intent to Distribute

March 21, 2024 Uncategorized

Being charged with drug possession is serious and can result in life-altering consequences for the individual being charged. Being charged with possession with intent to distribute is a felony crime. Not only could a person who is convicted of this be incarcerated, but when they are released from prison, they will have to find their way in society as a convicted felon.

If you find yourself charged with possession with intent to distribute, you need to contact an experienced attorney who works with drug cases. These lawyers can help you build a solid case and also serve as advocates for you.

How Is Possession with Intent Defined?

According to New York law, possession with the intent is the equivalent of intent to distribute. This is viewed as a class B felony. Punishment for this crime for the first offense could range between one to 9 years in prison. This law is codified in New York state law to 220 .16.

Criminal Possession of a Controlled Substance in the 5th Degree is a lesser crime outlined by New York penal law 220.06. An experienced New York attorney who has dealt with drug possession or intent to distribute cases will understand what these charges mean and what steps can be taken to defend their clients against these charges.

What Does Law Enforcement Do in These Cases?

Law enforcement might be interested in whether or not the defendant had cash on them, how much cash they had, and what denominations they were carrying.

There are a number of methods that law enforcement may use to prove that someone was intending to sell drugs, even if they don’t actually see the person selling drugs and even if they are unable to arrest the buyer.

Some of the factors that may be used to defend a person who had no intent to sell include:

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.

• A person’s past convictions or possession
• Carrying drug paraphernalia, like syringes
• A history of drug abuse

A New York drug lawyer may be able to mount a valid defense if the person had no intent to sell if certain factors are favorable.

What Does the Prosecution Do?

The prosecution is focused on identifying factors that prove that the defendant did not have drugs for personal use, but their intent was to sell. For the prosecutors, the controlled substance or drug does not matter. Their goal is the same.

During the trial, the DAs office will invite experts to testify. The expert may be a law enforcement official who has experience with the sale and distribution of controlled substances or narcotics. The officer, as the DA’s witness, will explain the language used on the street for certain drugs, the process of bundling drugs, and quantities at which drugs are distributed.

What Does Intent to Distribute Mean for Drug Possession Charges?

In New York, you can be charged with intent to possess and intent to distribute. Misdemeanor possession for personal use is a far lesser crime than felony possession with intent to distribute. A class B felony can result in up to nine years in prison. Even if the drug is not one that breaks New York penal law 220.16, being convicted of a lesser felony will impact your life, your career, and your family.

Potential Penalties Faced for Intent to Distribute

From the law’s standpoint, intending to sell drugs and actually selling drugs is the same thing when it comes to the penalty that can be imposed. A person who is at first arrested for a misdemeanor, violating NY PL 220.03, should be worried that the prosecution is going to believe that the individual was intending to sell, thereby elevating the crime to a felony, which could result in a person spending up to nine years in state prison and needing to reintegrate into society with a felony on their record.

In New York State, if a person is a drug addict and they want to break free, there are a number of programs and alternatives to prison that could be available. Using an attorney who does not understand these alternatives to incarceration could be detrimental to a person’s case. You want to work with an experienced drug possession attorney in New York. You want an attorney who understands the alternatives to prison for a person charged with intent.

In most cases, the New York District Attorney’s Office and the New York Police Department are not going to spend money and time investigating a person who is using drugs for personal use. Law enforcement is looking to catch the big fish. They are looking for people who are distributing drugs. They spend their money on investigation, surveillance, phone wiretaps, etc.

Investigations can last for as little as a few weeks or up to a number of years. The people who are the target of the investigation will not know that they are under investigation until law enforcement puts them in handcuffs and takes them before a judge.

Why You Need a Good Drug Attorney in New York

It is important that you work with a lawyer who understands the laws and statutes related to search and seizure. They need to know the different degrees of possession and sale and how these will impact potential jail sentences and fines. The only way that you can have a solid defense is by working with an experienced New York drug possession with intent to distribute attorney.

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