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Cocaine Possession Lawyer

If you are found in possession of 500 mg and over of cocaine in the state of New York, you are liable to be charged with a felony. The consequences for conviction increase based on how much you’ve been caught with. Though many possession cases result in pleas, you may consider going to trial. To help with your chances of success, you need to hire an experienced cocaine possession lawyer.

What Are Your Charges?

Understanding New York’s Cocaine Possession Laws

The amount of cocaine you’re found in possession of good can affect the charges that are brought against you, as can the circumstances under which you’re arrested. For instance, possessing a small amount of cocaine for personal use in your home will have less dire consequences than possessing a large amount with clear intent to distribute. Other crucial circumstances include if you were selling to a minor or if you were under the influence of cocaine while driving or operating heavy machinery.

Criminal Possession Classifications Under NY Penal Law

According to New York Penal Law § 220.06, cocaine possession of 500 milligrams or more constitutes Criminal Possession of a Controlled Substance in the Fifth Degree, which is a Class D felony. The possession charges escalate based on quantity:

• Fifth Degree (Class D felony) – 500 milligrams or more of cocaine
• Fourth Degree (Class C felony) – Larger quantities with aggravating factors
• Third Degree (Class B felony) – Narcotic drug with intent to sell
• Second Degree (Class A-II felony) – Four ounces or more of narcotics
• First Degree (Class A-I felony) – Eight ounces or more of narcotics

Should I Take a Plea?

Evaluating Plea Bargain Options in Drug Cases

It can be difficult to fight drug possession charges. If the arresting officer and at least one other witness can testify that you were found in possession of cocaine at the time of arrest, it can be difficult to sway a jury to the possibility of you being innocent. Even if it was planted, you might still have trouble proving it.

You may want to take a plea deal, either no contest or guilty. Don’t do so without going over your case with your attorney. Taking a plea can reduce the stress of facing a lengthier sentence should you go to trial and be convicted, but it can also put a mark on your legal record.

Will I Be Facing Jail Time?

Sentencing Guidelines for Cocaine Possession in New York

Depending on the circumstances of your case and your legal history, you may or may not face jail time. A minor, misdemeanor amount could result in a fine or some time on probation. If this is your first offense, you could be sentenced to mandatory drug treatment in lieu of jail time. There will be the expectation that you successfully complete treatment and avoid any further run-ins with the law.

Alternative Sentencing Programs

New York offers several alternatives to incarceration for drug offenses:

• Drug Treatment Court programs
• Judicial Diversion under CPL Article 216
• SHOCK Incarceration programs
• Electronic monitoring with treatment

How to Find the Right Lawyer

Essential Qualities in a Cocaine Possession Defense Attorney

A cocaine possession lawyer shouldn’t make any promises that they aren’t sure they can keep. There should be no guarantee of acquittal, as that’s up for the jury to decide. Your lawyer should be well-versed in drug laws and be able to offer an actionable defense that will speak well to your character and your deserving of a second chance. Even if you have to take some form of a plea, such as going to treatment, it’s much better than simply accepting your fate without any kind of scrutiny.

A good cocaine possession will help you to get your charges reduced. They’ll review your charges and weigh them against the evidence. They might not be able to get the entire case thrown out, but they might be able to get some charges reduced from felony to misdemeanor status or dropped entirely.

Expungement

Post-Conviction Relief and Record Sealing

If you do end up with a cocaine possession charge on your record, you may be able to get it expunged. This can take a few years and would require the hiring of another lawyer (or possibly your original lawyer) to argue on your behalf. You would also need to present evidence that you deserve to have your charge expunged, such as continued sobriety and a clean legal record. Expungement is very worthwhile, as it can make it as though you were never convicted in the first place.