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Last Updated on: 15th August 2023, 07:33 am
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.