Criminal Defense Lawyers

Introduction of Contraband into a Detention Facility Lawyers

Introduction to Contraband in Detention Facilities

Introducing contraband into a detention facility is a serious offense that can have major consequences. Contraband refers to any item that is illegal or prohibited in a detention facility, such as weapons, drugs, or cell phones. Lawyers need to be aware of contraband laws and how to properly advise clients who face charges.

Why Contraband is a Problem

Contraband poses major safety and security issues in detention facilities. Items like drugs or weapons can be used to harm staff or other inmates. Cell phones allow inmates to continue criminal activity even while incarcerated. That’s why facilities have strict rules against contraband to maintain order and control.

Contraband Charges

There are a few common charges for contraband violations:

• Promoting Prison Contraband – Knowingly and unlawfully introducing an item into a detention facility, or providing an item to an inmate, that is considered dangerous contraband. This can be a felony charge.
• Criminal Possession of a Weapon – If the item is a weapon like a knife or gun. This can lead to additional charges beyond contraband.
• Possession of Prison Contraband – When an inmate is caught with prohibited items like drugs, cigarettes, or cell phones. This can result in disciplinary action within the facility.

Defending Against Contraband Charges

As a defense lawyer, there are a few strategies to defend someone facing contraband charges:

• Argue the item does not meet the definition of “dangerous contraband.” For example, over-the-counter medications or extra food items.
• Challenge the intent and knowledge requirements – In some cases, you could argue the defendant did not knowingly introduce the item or intend for it to reach inmates. This is harder with clearly dangerous items like guns or knives.
• Procedural violations by facility staff – If there were issues with the search procedures or handling of confiscated items, evidence may get thrown out.
• Negotiate a plea deal – Depending on the facts and criminal history, probation or reduced charges may be on the table. The contraband statutes often allow for a wide range of penalties.

While contraband cases can be difficult to fight, an experienced criminal defense lawyer can thoroughly analyze the evidence and identify possible defenses. The consequences are too high not to advocate aggressively.

https://codes.findlaw.com/ny/penal-law/pen-sect-205-25.html
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-85894 

https://www.nysenate.gov/legislation/laws/PEN/205.20 

https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-85896 

https://www.nycourts.gov/judges/cji/2-PenalLaw/205/205-25.pdf

https://www.prisonlegalnews.org/news/2015/jul/31/new-york-prison-contraband-law-applies-only-items-intended-inmates/
https://www.nysenate.gov/legislation/laws/PEN/70.25