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New York Drug Crimes Defense Frequently Asked Questions

March 21, 2024 Uncategorized

Every year, more than 50,000 people are arrested for crimes relating to drugs. The majority of these arrests involve drug paraphernalia, drug manufacturing, drug distribution, and drug possession. A number of substances are covered under the “drug crime” law, including methamphetamine, heroin, PCP, LSD, cocaine, marijuana, and a variety of controlled prescription drugs.

Drug use is considered a major health issue among the population. It can also lead to the perpetration of a variety of other crimes. Because of this, law enforcement officials spend a good deal of time and money on the arrest and prosecution of potential offenders. Law enforcement doesn’t always have the best interests of the defendant at heart. In many different circumstances, an accused person might have a valid defense that could cause the charge to be dismissed or reduced.

Penalties for a drug crime can be steep. The severity of the penalties will depend on the type and severity of the infraction. Drug crimes cover both misdemeanors and felonies. It’s important for you to contact a New York lawyer immediately following your arrest in order to obtain the best legal defense for your particular circumstances. Spodek Law Group is a group of experienced criminal lawyers who are able to help.

Drug Crime Types

New York state law outlines forty potential drug offenses. These relate to marijuana and controlled substances. Offenses regarding marijuana are classified and prosecuted differently from offenses regarding controlled substances. Most of the offenses involve paraphernalia, manufacturing, distribution, and possession. One of the offenses is a violation, a few are misdemeanors, and the remaining majority are felonies in varying classes.

To be charged with drug possession, you must unlawfully and knowingly possess a controlled substance or marijuana. The amount of the drug that you possess can oftentimes affect the severity of the charge. If a large amount is discovered on your person, you might face additional charges of intent to sell.

To be charged with drug selling, you don’t need money to exchange hands. New York law defines drug selling very loosely. If you give illegal drugs to another person, this counts as a drug sale, regardless of whether or not you reaped any benefits. Potential benefits don’t have to be monetary, either. Any advantage that you receive in exchange for the drugs counts as payment.

If you have a lawful prescription for a controlled substance, but you sell the pills, you might be charged with a drug selling offense without any additional drug possession offenses. This is because your possession of the drugs was legal, but the sale of them was not.

Drug selling offenses generally carry more severe overall penalties than drug possession offenses. Meanwhile, drug manufacturing offenses refer to the manufacture and distribution of methamphetamine. Finally, drug paraphernalia offenses refer to the possession of equipment and substances that you would need to package, store, and make drugs in order to sell them. Also included on the list of drug paraphernalia are needles and hypodermic syringes.

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.

Drug Crime Defenses

Your criminal defense attorney might use any of these viable defenses:

  • The substance in question is not an illegal drug
  • You possess the substance lawfully
  • You do not meet the minimum requirements for the amount needed for a drug possession or selling charge
  • You did not possess the illegal substance knowingly
  • You were either a witness to or a victim of a drug overdose
  • The search and seizure of the drugs was performed unlawfully
  • The sentencing for your conviction should be reduced because of any number of factors

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RALPH P. FRANCHO, JR

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

Of-Counsel

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