Blog
Drug Possession Lawyer
New York Drug Possession Laws
In order for a person to be convicted of drug possession, the following elements have to be present.
- The substance that a person had was a controlled substance.
- The substance was in the person’s possession.
- The person knew that they had the substance.
- It was unlawful for a person to possess the substance.
The penalties for drug possession can vary. If a person possesses more than eight grams of a narcotic drug or a substance that contains methadone, then they may spend anywhere from 8 to 20 years in prison. They may also be charged a fine of $100,000. This is considered a Class A-1 felony.
People who are charged with drug convictions that are classified as Class B to Class E felonies can spend anywhere from one to nine years in jail. They may also be required to pay a fine that ranges from $15,000 to $30,000.
Unlawful marijuana possession is a lesser drug charge. You could spend up to 15 days in jail and be required to pay a fine of $250 or less.
Defenses to Drug Possessions
If you are charged with drug possession, then it is best for you to get an attorney. There are several defenses that you can use that will either help you get a lighter sentence or get off completely.
Unlawful Search and Seizure
The Fourth Amendment protects people from unlawful search and seizure. This is a common defense that people use. An example of unlawful search and seizure is when a person is pulled over for a traffic stop, and the officer uses a crowbar to open the trunk without their permission. If the drugs are in plain sight, then a person can be charged with drug possession. However, if a person can prove that their Fourth Amendment rights were violated, then they may be able to get their charges dropped.
The Drugs Belonged to Someone Else
You can state that you had no idea that the drugs were in your car or apartment. It can be tough to prove this in court. However, your defense attorney will do everything that they can to prove that the drugs belonged to someone else.
Crime Lab Analysis
A substance may look like an illicit drug, but that does not mean that it is one. That is why the substance has to be taken to the crime lab for analysis. The crime lab analysis has to testify in court that the substance was not an illicit drug.
Missing Drugs
Prosecutors will have to present the actual drugs that were used in court. If they lose the drugs, then a person will likely get their charges dropped. Seized drugs may be transferred several times before they are used in trial. That is why they can easily get lost.
The Drugs Were Planted
This is a good defense, but it can be hard to use this in court. An officer may plant drugs on someone. However, an officer may be reluctant to turn in an other officer. A police officer’s testimony carries a lot of weight in court. However, your attorney can prove that the drugs were planted.
Medical Marijuana
It has been legal to use medical marijuana in New York since 2016. However, you need to have a prescription from a doctor. If you are caught with medical marijuana and charged with drug possession, then you may be able to get your charges dropped.
Get Help From An Attorney
You may have defenses available that you have not even thought about. That is why it is imperative that you hire an attorney as soon as possible. An attorney can inform you of all of the rights that you have. They can also reveal holes that the prosecutor may have.
Don’t deal with Drug Possession Lawyer alone. Speak to the Spodek Law Group today.