Criminal Defense Lawyers

Drug Crime Defense and Controlled Substance Charges

Defending Against Drug Charges: A Comprehensive Guide

Drug crimes can carry severe penalties – but you have rights and defenses available. At Spodek Law Group, our experienced drug crime defense attorneys understand the nuances of these cases; we’ll fight tirelessly to protect your future.

What are Drug Crimes?

Drug crimes involve the possession, manufacture, or distribution of controlled substances deemed illegal under state and federal law. Common examples include charges related to marijuana, cocaine, heroin, methamphetamines, and prescription drugs. The penalties depend on factors like:

• Type and amount of drugs involved
• Intent to distribute vs personal use
• Prior criminal record
• Location of the offense (e.g. school zone)

Even simple possession can result in jail time and a permanent criminal record – that’s why having a skilled defense lawyer is crucial.

Common Drug Crime Defenses

While every case is unique, some common defenses employed by top drug crime attorneys include:

Unlawful Search and Seizure

The 4th Amendment protects against unreasonable searches and seizures. If the drugs were found through an illegal search, the evidence could get thrown out. Our lawyers scrutinize whether law enforcement followed proper procedures.

Lack of Knowledge

For possession charges, the prosecution must prove you knowingly possessed the drugs. We may argue you had no knowledge of the substance’s presence or nature.

Entrapment

If an undercover officer induced you to commit a crime you otherwise wouldn’t have, this could constitute entrapment – an illegal law enforcement tactic.

Constructive Possession

The mere proximity to drugs doesn’t prove possession. We’ll fight to show you had no control over the area where drugs were found.

Substance Misidentification

Lab testing errors can lead to misidentifying legal substances as illegal drugs. Our investigators re-test all evidence.

Violation of Miranda Rights

Admissions made without being read your Miranda rights may be inadmissible. We ensure your rights were protected.These are just some potential defense strategies. Every case demands a personalized approach from an experienced drug crimes lawyer.

Drug Court and Diversion Programs

In some cases, first-time offenders may qualify for drug court or diversion programs as an alternative to jail time. These involve probation, treatment, and other conditions – but avoid a conviction on your record if completed successfully.Our attorneys evaluate your eligibility and advocate for these options where appropriate. However, drug courts have stringent requirements; having skilled legal counsel is vital.

Drug Conspiracy and RICO Charges

Federal prosecutors often pursue conspiracy charges in drug cases, alleging multiple parties agreed to commit a crime – even if no drugs actually changed hands. These charges carry heavy penalties.The government may also use RICO laws, originally intended to combat organized crime, in drug conspiracy cases. This allows them to seize assets potentially tied to illegal drug profits.Our federal criminal defense lawyers have extensive experience defending against these complex charges. We fight to have charges reduced or dismissed entirely.

Penalties for Drug Crimes

The penalties for drug crimes vary widely based on the details, but can include:

• Probation
• Substantial fines and court fees
• Driver’s license suspension
• Jail or prison time
• Felony record

Having a conviction can also impact future employment, housing, student loans, and more. That’s why it’s critical to avoid a conviction if at all possible through skilled legal defense.

Why Hire Spodek Law Group?

• Our drug crimes attorneys are former prosecutors with insight into how the other side builds cases
• We have extensive trial experience and are not afraid to fight charges in court
• We explore all potential avenues for dismissal, diversion, or minimizing penalties
• Our legal team conducts exhaustive investigations to build the strongest defense
• We provide personalized attention and keep you informed every step of the way

Facing drug charges is daunting, but our firm will advocate tirelessly to protect your rights, freedom and future. Call today for a free consultation on your case.

Drug Possession Charges in New York

In New York, drug possession charges are taken extremely seriously – even simple possession of a small amount of an illegal substance can potentially lead to jail time. The penalties escalate based on:

• Type of drug (e.g. heroin vs marijuana)
• Amount/weight of the substance
• Evidence of intent to sell or distribute
• Location of the offense (school zone, etc.)
• Prior criminal record

For example, possessing 500mg or more of cocaine is a felony with potential prison time. Marijuana possession over 8oz is also a felony.Having an experienced NYC drug crimes lawyer is vital to fight these charges and mitigate potential consequences. Our attorneys have successfully handled countless possession cases in New York courts.

Drug Trafficking and Distribution Charges

Drug distribution and trafficking charges are among the most serious drug crimes in New York. These charges often involve allegations of:

• Possessing large quantities of illegal drugs
• Evidence of intent to sell (baggies, scales, etc.)
• Maintaining a drug-involved premises
• Conspiracy with others to traffic drugs
• Using violence or weapons related to drug activity

The penalties are severe, including mandatory minimum prison sentences for federal trafficking charges. However, skilled legal defense is crucial – we look for every opportunity to get charges reduced or dismissed.Our lawyers have taken on high-stakes drug trafficking cases across New York and nationwide. We understand the nuances of these complex cases and fight aggressively for our clients.

Marijuana Legalization and Decriminalization

While recreational marijuana is now legal for adult use in New York, it remains illegal at the federal level. And certain marijuana-related activities are still criminalized, such as:

• Selling marijuana without a license
• Possessing over the legal limit
• Providing marijuana to minors
• Operating a vehicle under the influence

Our lawyers stay up-to-date on New York’s evolving marijuana laws and fight to protect our clients’ rights. If you face marijuana charges, we’ll explore all available defenses and avenues for dismissal.

Prescription Drug Charges

The illegal possession or distribution of prescription drugs like opioids, stimulants, and depressants can lead to serious criminal charges. Prosecutors often pursue these cases aggressively.However, many prescription drug cases involve lack of criminal intent. Our defense attorneys analyze all factors, including:

• Valid prescription history
• Lack of knowledge the drugs were illegally obtained
• No evidence of intent to traffic or distribute

We’ll fight to prevent an overzealous prosecution and explore options like diversion programs to avoid a criminal record where appropriate.

Federal Drug Crimes

Federal drug charges are extremely serious, often involving allegations of large-scale drug trafficking across state lines. Federal prosecutors are relentless, and the penalties can include decades in federal prison.However, the high stakes also mean the government must prove its case beyond all reasonable doubt. Our federal criminal defense lawyers have an extensive track record taking on these complex cases, including:

• Conspiracy and RICO charges
• Money laundering related to drug profits
• Continuing Criminal Enterprise (CCE) charges
• Firearms charges related to drug crimes

We leave no stone unturned, scrutinizing the evidence and procedures used by federal agents. Our goal is always to get charges reduced or dismissed entirely.

Drug Crimes and Immigration Consequences

For non-citizens, even a minor drug conviction can have devastating consequences – potentially leading to deportation, inadmissibility, and inability to naturalize. That’s why skilled legal defense is absolutely critical.Our lawyers work closely with immigration attorneys to fully understand the potential ramifications of different outcomes. We’ll fight to protect your immigration status and avoid deportation at all costs.

College Student Drug Charges

College students frequently find themselves facing drug charges, which can derail their entire future and education. However, there may be opportunities for diversion programs or disciplinary alternatives through the school.Our attorneys are well-versed in protecting the rights and futures of college students charged with drug crimes. We advocate strongly to keep charges from impacting their academics and lives.

Why Experience Matters in Drug Cases

Drug crime cases are extremely nuanced and complex. You need a lawyer who has been through these types of cases many times before and understands all the potential defenses and strategies.At Spodek Law Group, our drug crimes defense team includes:

• Former prosecutors and law enforcement
• Lawyers with decades of combined experience
• Attorneys who regularly take cases to trial
• Professionals with specific federal court experience

We see the case from all angles and fight strategically to get the best possible outcome based on the specific circumstances. Don’t leave your future to chance – work with a proven drug crimes defense firm.

Your Rights in a Drug Crime Case

If you’re under investigation or charged with a drug crime, it’s crucial to understand your rights:

• Right to remain silent and avoid self-incrimination
• Right to legal counsel during any questioning
• Protection against unreasonable searches/seizures
• Due process rights in court proceedings

The government has vast resources – you need an aggressive legal team to ensure your rights are protected. Our lawyers have extensive experience dealing with law enforcement and prosecutors.

What to Do If You’re Charged with a Drug Crime

The first step is to avoid speaking to law enforcement and invoke your right to an attorney. Then, contact an experienced drug crimes lawyer immediately. The sooner we get involved, the better we can protect your rights.We’ll thoroughly review all evidence and circumstances to start building a strategic defense. Our team will pursue all available opportunities for:

• Getting charges reduced or dismissed
• Avoiding a criminal record through diversions
• Mitigating potential penalties at sentencing

We understand how much is at stake with a drug charge. Our firm will advocate tirelessly and explore every possible avenue to achieve the best outcome.

Why Choose Spodek Law Group?

Drug crime cases demand extensive legal knowledge and an aggressive defense strategy. At Spodek Law Group, our credentials include:

• Attorneys with decades of combined experience
• Lawyers who are former prosecutors and law enforcement
• Extensive trial experience – we’re not afraid to fight charges in court
• Specific federal court experience for serious drug cases
• A track record of getting charges reduced and dismissed
• Personalized attention and transparent communication

When your future is on the line, you need legal representation you can trust. Our drug crimes defense team will give your case the attention it deserves. Don’t take chances with your life and freedom. Call Spodek Law Group today for a free, confidential consultation on your drug case. Our firm will advocate tirelessly to protect your rights.