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NYC Drug Crimes Sentencing Lawyers
In the state of New York, drug crimes are one of the most common reasons that people find themselves arrested and sentenced. The lowest level charge for marijuana has more than fifty thousand arrests each year across the state. Multiple different crimes qualify as drug crimes, including sex crimes involving drugs, drug paraphernalia, drug manufacturing, drug distribution, and drug possession. There are also multiple types of illegal drugs including hallucinogens, stimulants, depressants, narcotics, prescription drugs, club drugs, and marijuana.
New York law has multiple classifications for drug crimes depending on the specific crime and the severity of the offense. Your crime might be classified as a felony, a misdemeanor, or a violation. The sentences might have no jail time or prison time, but you can also be sentenced with up to life in prison. You might find yourself sentenced with fines or probation. The majority of drug crimes are classified as felonies. If you’ve been arrested for or otherwise accused of a drug-related crime, it’s important to get in contact with a skilled defense attorney as soon as possible.
Types of Drug Crimes
New York state law has different charges for marijuana offenses than for crimes that are related to any other illegal drugs. There are eleven separate marijuana offenses, all related to selling or possessing marijuana. Your first marijuana offense won’t be classified as a crime, but instead will be classed as a violation.
Twenty-nine offenses refer to other illegal drugs. These crimes are called substance offenses. Controlled substance offenses tend to refer to the manufacture, sale, and possession of controlled or illegal substances.
If you violate any of the state’s thirty-nine total drug crimes, you might be arrested and convicted. Convictions of the majority of drug charges involve sentences of between ninety days in jail to life in prison. You’ll also be subject to fees up to $100,000.
Arraignment
Arraignment hearings take place about twenty-four hours after the initial arrest for a drug crime. At the hearing, you’ll be told the exact charge or charges that have been leveled against you. Sometimes the charges might be different from your expected charges. For example, you might expect to be charged with possession, but if you have a significant number of drugs on your person, you may be charged with possession with intent to sell.
Non drug-related charges will also be leveled at the arraignment hearing. These include assault charges, sex crime charges, and theft charges. You’ll also learn whether bail is required as well as the amount for your potential bail.
When you’re facing a felony charge, the prosecutor is required to present the case to a grand jury. This jury then decides whether you ought to be charged with a crime, or whether you should be released. If you are charged, you might have the option of negotiating a plea agreement by pleading guilty to a lesser charge.
Criminal Drug Treatment Court
One option is to bring your case to Drug Treatment Court. This court is only used for people who have a substance use problem, have received a class E, D, C, or B drug felony charge, and are likely to find benefits in drug treatment. All marijuana-related felonies are eligible for this court. Five of the controlled substance felonies are not eligible, because they are class A felonies rather than an included class of felony. You might also lack eligibility when you have a violent crime conviction on your record from within the past decade.
Spodek Law Group is a group of experienced New York City lawyers who can help you understand your options when accused of a drug crime.