In New York, drug crimes are treated in a variety of ways. If the charge is possession, then it’s often negotiated with the prosecutors. These cases usually end favorably. At Spodek Law Group, we are familiar with the New York court systems. We understand the laws that govern our state. We work with the prosecutors and go to bat with judges to help our clients get a favorable resolution. Even if the case is more complex and involves multiple drug possession charges, we still fight for our client’s freedom.
Understanding the Position of Law Enforcement
The stigma attached to drug addiction is slowly lifting as law enforcement, judges, and prosecutors in the state of New York have become more sympathetic to the addict. Many people who have numerous drug offense charges are either trafficking or have an underlying addiction issue. The legal system is more open to negotiating on jail time and fines if a person will seek treatment. At Spodek Law Group, our attorneys negotiate to once a person completes a program and maintains a clean record for a period.
If a person is found guilty of drug distribution and possession charges, then things are quite different. When it comes to felony-level charges, the prosecutors are more aggressive on these cases than they are with a misdemeanor. Additionally, judges are not as lenient either as they see someone who traffics as being a supplier to many other cases they handle. However, we’ve found that these severe cases can be presented to the court in a more sympathetic way that gets the judge’s attention.
While there is exceptional wealth in New York, there is also poverty. The unemployment rates are unfavorable, and many people turn to drugs to make money to live. There are situations in which drug trafficking and possession can be shown in the perspective of personal hardships. The court would rather hear a story about someone being down on their luck, rather than hearing a tale of someone trying to make fast cash. Everyone has different financial situations, so New York lawyers must make sure those factors are relayed to prosecutors and judges to reduce their client’s guilt. Thankfully, it often helps to minimize punishments.
Community Drug Offenses
No part of the country is immune from drug issues. Whether you live in the center of a thriving metropolis or you are in the country with no neighbor in sight, you will still find drugs in your area. When there are larger populations, you will often find more trafficking and possession charges. Since New York is such a vast area, the number of drug offenses that go through the court systems are quite sizable. The courts in Flushing, Queens, Manhattan, The Bronx, and Brooklyn hear these cases daily. Every borough in New York is affected, and it’s not limited to one specific side of town.
Law enforcement agencies focus on some boroughs more than others. Nevertheless, people are indicted with various levels of felony and misdemeanor drug cases. Even in the wealthiest sections of New York, the police still make arrests for drug offenses nearly every day. Addiction issues plague people from all walks of life. Just because an individual has a job, plenty of wealth, and seems to be going somewhere in life, it doesn’t mean that they are not susceptible to addiction. Courts are filled with both rich and poor folks who fight these demons.
Probation and Diversion Programs Are Vital
New York prosecutors and law enforcement agencies don’t aggressively indict people on minor possession charges. There are so many cases that involve PCP, methamphetamines, and cocaine that the system can easily get overwhelmed. They are eager to settle these cases because they don’t want to focus their limited resources on minor offenses. The goal is to get people in treatment programs that allow them to avoid further charges and help them to have a better life. Probation and diversion programs have become commonplace rather than throwing people in jail who never get the help they need.
Felony Level Drug Charges Take High Precedence
New York prosecutors place high importance on cases where there is a possession charge with the intent to distribute. There are significant resources available to prosecute, and there is a different precedence on felonies than misdemeanors. Federal prosecutors work hard to punish those who have an intent to distribute and have large quantities on hand. The statutes on trafficking and distribution are much stricter at a federal level than at the New York state level.
Prosecutors are not as eager to work with individuals that are indicted on felony-level drug charges, and it’s imperative to have exceptional legal counsel. It’s easier to work with the court and get favorable arrangements on a case when the local New York laws govern. Once it’s bound over to Common Pleas, it’s a whole other ballgame.
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