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Drug Crimes Lawyers: Drug Possession

March 21, 2024 Uncategorized

Getting Arrested for Drug Possession
Being arrested for having a controlled subtance, anything but marijuana, is a big deal in New York state. Every law enforcement officer takes the war on drugs seriously and wants to see people who are guilty convicted of their crimes. When you are accused of possession, this is a charge that refers to the controlled substance being on your person or in your hands. There are related charges described below that also fall under New York State Penal Code Article 220. A first degree charge for possession of a controlled substance is a Class A-1 felony, as compared to the seventh degree charge, wich is a misdemeanor. There are many versions of this type of drug crime that you need to speak with an attorney about. If you are not a legal resident or citizen of the U.S., being brought up on drug charges can also endanger your immigration status, which makes the case even more complex. Some drug charges can result in rapid deportation.

Be Careful Not to Damage Your New York Drug Possession Case
It’s important to note that New York State law enforcement authorities and prosecutors take drug crimes seriously. They won’t do anything to let you get away with a crime. If they think you have committed a crime, they are going to follow the letter of the law, including seeking your arrest, building a case against you, and using the legal process to get you the maximum sentence under the law if you are convicted. Any prior criminal record that you have will not help once you are arrested for drug crimes. These can only hurt your case. But they need to be shared with your legal advisor. Therefore, remember, that the police and prosecutors aren’t your friends and they don’t have your best interests in mind. That’s why, once you are arrested for Drug Possession, you should not answer any questions during the invetigation. Instead, you should immediately seek the assistance of a New York Drug Crimes lawyer.

Types of Drug Possession
A person who is said to possess the controlled substance, including marijuana, pain pills, or street drugs, when he or she is observed to physically have it on their person or is seen using it or consuming it. Another possibility is that the person is found with the components and is mixing or making the drug. Possession is different than presumption. Constructive possession is when the drug is visible and immediately accessible to the person and observed in a place that he or she has direct control over, such as inside a car or truck.

Drug Possession Explained
Article 220 of the New York State Penal Code defines criminal possession of a controlled substance under these categories:

  • criminal possesion of a controlled substance – Seventh Degree
  • criminal possession of a controlled substance – Sixth Degree
  • criminal possession of a controlled substance – Fifth Degree
  • criminal possession of a controlled substance – Fourth Degree
  • criminal possession of a controlled substance – Third Degree
  • criminal possession of a controlled substance – Second Degree
  • criminal possession of a controlled substance – First Degree
  • criminal possession of a controlled substance – Presumption

Presumption – This drug charge involves possession of narcotics in a vehicle or in an open room, not a public space.

There are a variety of other charges that are more serious including when you are going to sell the controlled substance, when you are found in possession of drug paraphernalia, when there is involvement of a minor, and when there is a drug sale to a minor.

Example of Legal Consequences for Drug Possession
In New York, a controlled substance is anything other than marijuana or concentrated cannabis. An example of a lesser charge is criminal possession of a controlled substance in the seventh degree. This charge is a Class A misdemeanor and is punishable under New York State law. A Class “A” misdemeanor can include up to one year in jail or three years of supervised probation. The offender may be fined up to $1,000 or twice the amount of his or her gain from the crime may be imposed.

Before you give any statements to police or prosecutors, please contact the Spodek Law Group for immediate legal advice. We are here to advise you about your legal rights as qualified New York drug possession lawyers. We can provide information about our qualifications upon request. We want you to obtain the best possible outcome in your criminal possession of a controlled substance case!

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