Defending Against Drug Charges in New York: Strategies and Considerations

Being charged with a drug offense in New York can have serious consequences. Depending on the type and amount of drug involved, you could be facing misdemeanor or felony charges, jail time, fines, a criminal record, and other penalties. Having an experienced criminal defense attorney can make all the difference in these cases. There are various legal defenses that could potentially get the charges against you reduced or dismissed. Here are some of the most common strategies used for defending drug charges in New York.

Challenging the Stop or Search

Many drug arrests originate from a stop on the street or a vehicle search. If the police did not have valid justification for stopping and searching you, any evidence found as a result could be suppressed. This means the judge may exclude the evidence from being used against you at trial.

For example, if the police stopped you without reasonable suspicion that you were engaged in criminal activity, the stop would be illegal. Or if the police searched your bag or vehicle without consent or probable cause, that would also violate your Fourth Amendment rights. An experienced lawyer can file a motion to suppress, arguing that the stop and search violated your constitutional rights.

Questioning the Chain of Custody

The prosecution has to prove that the substance introduced at trial is the same one seized from you. This is called establishing chain of custody. There should be documentation tracking the handling and storage of the drug evidence from the time it was confiscated to the time it was tested in the lab.

If the chain of custody was not properly maintained – for example, if the evidence was tampered with, contaminated, switched, lost, or improperly stored – your attorney can argue that the substance cannot be conclusively linked back to you. This could raise reasonable doubt as to your guilt.

Attacking the Drug Test Results

The prosecution relies on lab reports to prove that the substance is actually an illegal drug. However, drug testing is not foolproof. False positives can occur due to flaws in testing procedures, equipment errors, faulty reagents, cross-contamination, or analyst mistakes.

An experienced lawyer will thoroughly examine the lab reports and testing methodology. If sloppy practices are revealed that call the results into question, the attorney can challenge the validity and accuracy of the drug test results.

Arguing Lack of Knowledge

For drug possession charges, the prosecution must prove you knowingly possessed the drug. You can argue you did not know the substance was in your possession, or you did not know it was an illegal drug. This is especially common in cases involving prescription drugs – you may not have realized the pills you had were controlled substances. Or someone may have slipped drugs into your bag or vehicle without your knowledge.

Using the 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, you may be able to avoid charges for possession of a permissible quantity of marijuana for medical use. Make sure to show officers your medical marijuana documentation during the arrest.

Asserting an Innocent Intent Defense

Even when the facts are not in dispute, you may be able to avoid conviction by arguing you possessed the drug for an innocent purpose. For example, lawful possession with intent to turn the drugs over to law enforcement. Or possession due to an emergency – like taking drugs away from someone who overdosed to assist them in getting medical treatment.

Attacking the Intent Element

For drug charges involving intent to sell or distribute, the prosecution must prove you possessed the drugs with the specific intent to sell them. If the drugs were clearly just for personal use, your lawyer can argue there is no evidence you planned to sell or distribute them to others.

Highlighting Improper Police Conduct

Sometimes drug arrests involve questionable police tactics like racial profiling, planting evidence, lying about the circumstances, or entrapment. An experienced lawyer can file complaints and motions exposing any police misconduct or constitutional violations that occurred in the course of your arrest.

Pursuing Diversion Programs

First-time offenders charged with low-level possession may be eligible for pretrial diversion programs. These programs allow you to avoid conviction by completing drug education classes, treatment, community service and staying out of trouble for a period of time. An attorney can advise if a diversion program is appropriate in your case.

Negotiating a Plea Bargain

Rather than going to trial, your attorney may be able to negotiate a plea deal with reduced charges and/or a lighter sentence. This avoids the risk of conviction on the original charges. An experienced lawyer can leverage defenses and weaknesses in the prosecution’s case to secure the best possible plea bargain.

Working with an aggressive and skilled criminal defense lawyer can help you understand the options available for fighting your drug charges. There are often ways to challenge the prosecution’s evidence, raise doubts about your guilt, suppress illegally obtained evidence, reduce charges, or avoid conviction altogether. With sound legal advice and advocacy, you can achieve the most favorable outcome.