Strategies for Defending Drug Crime Charges in New York City

Strategies for Defending Drug Crime Charges in New York City

Getting arrested for a drug crime can be scary. The penalties are harsh, and it can feel like the whole system is stacked against you. But with the right legal strategy, you may be able to get the charges reduced or even dismissed. Here are some of the main ways to defend against drug charges in New York City.

Challenge the Stop and Search

Many drug arrests start with a stop and frisk on the street. But the NYPD can’t just stop anyone they want – they need reasonable suspicion that you committed or were about to commit a crime. If the police didn’t have a good reason to stop you, any evidence found during the illegal stop can be suppressed.

For example, an anonymous tip without specific details is not enough to justify a stop. And just being in a “high crime area” does not meet the standard for reasonable suspicion. Make sure to discuss the initial stop with your lawyer to see if there are grounds to get evidence thrown out.

Fight the Search

Police also need a valid reason to conduct a search after a stop. For example, seeing a bulge in your pocket does not give police the right to search you without permission. And you are allowed to refuse a search if police don’t have a warrant.

Any evidence found during an illegal search can also be suppressed under the exclusionary rule. An experienced drug crimes lawyer will scrutinize the grounds for the search to see if a motion to suppress is viable.

Challenge the Drug Analysis

The prosecution has to prove beyond a reasonable doubt that the substance seized is actually an illegal drug. This testing is done by the police lab. But these labs have been plagued with errors, incompetence, and lack of oversight.

A good drug crimes attorney will examine the lab results closely for any flaws in the testing or gaps in the chain of custody. It may even be possible to get independent re-testing done. If the drug analysis is suspect, the entire case can fall apart.

Raise a Medical Marijuana Defense

Although recreational marijuana is illegal in New York, medical marijuana has been legal since 2014. If you have a valid medical marijuana card, possessing and using marijuana is allowed under state law.

A medical necessity defense may also work even without a card, if marijuana is legitimately used to treat a debilitating health condition. Your lawyer can argue that prosecuting medical use is unconstitutional.

Challenge the Weight and Purity Allegations

The severity of a drug charge depends partly on the alleged weight and purity of the drugs. Trafficking charges are based on possessing large quantities or high purity levels. But the police weight estimates are not always accurate.

Your lawyer can demand reweighing of the drugs and independent chemical testing to confirm the purity. This can potentially lower the charges. For example, a felony charge could get reduced to a misdemeanor based on the real weight.

Raise a Lack of Knowledge Defense

To convict you of a drug charge, the prosecution must prove you knowingly and intentionally possessed the drugs. But sometimes people are unaware drugs are present. For example, maybe a friend left drugs in your car or purse without your knowledge.

A lack of knowledge defense argues you did not consciously possess the drugs. Your lawyer can point to the circumstances to show you didn’t know the drugs were there.

Allege Illegal Police Conduct

Sometimes drug cases involve police misconduct like falsifying evidence, lying about the circumstances, or entrapping people into committing crimes. This kind of illegal behavior can be grounds for dismissal.

Your lawyer will look closely at the police reports and evidence to see if the cops acted improperly. For example, if drugs were planted on you, any decent judge would throw the case out.

Negotiate a Plea Deal

Rather than risk trial, many drug cases end in plea bargains. The typical deal is pleading guilty to a lower charge in exchange for a lighter sentence. For example, pleading to simple possession instead of intent to distribute.

An experienced plea negotiator can often get significant charge reductions and minimum sentences. They know how to present mitigating factors to the prosecutor.

Get Help with Treatment

Addiction is often a factor in drug crimes. New York has diversion programs that allow treatment instead of incarceration. By showing you are committed to rehab and counseling, you may be offered drug court or other alternatives to jail.

Your lawyer can advocate for getting you help so you can move forward with your life. Treatment and probation may be preferable to the lasting impact of a conviction.

Apply for Deferred Prosecution

Deferred prosecution programs give first-time offenders a chance to get charges dismissed. By completing drug education classes and community service, you can avoid a conviction on your record.

Eligibility depends on the exact charges and your criminal history. A skilled lawyer will know how to get you considered for these diversion programs.

Request Sealing of Conviction

If you do end up with a drug conviction, there may be ways to minimize the impact. New York allows some convictions to be sealed from public view after 10 years. Other records can be immediately sealed through deferred sentences.

Sealing limits access to your record and allows denying the conviction happened. Your attorney can guide you through the record sealing process.

Defending drug charges takes expertise and meticulous effort. But an experienced drug crimes lawyer knows how to analyze the evidence, negotiate with prosecutors, and develop a tailored legal strategy. With strong advocacy, many clients can get charges reduced or avoided altogether. Don’t hesitate to contact a trusted attorney for help fighting drug allegations.

References:

https://civilrights.uslegal.com/reasonable-suspicion/
https://www.nycourts.gov/judges/cji/2-Search_Seizure/CJI2d.Exclusionary_Rule.pdf
https://www.propublica.org/article/common-roadside-drug-test-routinely-produces-false-positives
https://www.health.ny.gov/regulations/medical_marijuana/
https://www.nycourts.gov/courthelp/Criminal/sealedRecords.shtml