Mar 21, 2024

Nassau County Cocaine Possession Laws

Getting charged with cocaine possession in Nassau County can be really scary. Even if it’s a small amount for personal use, possession is illegal and can lead to serious consequences. As someone whose been through the system myself, I want to break down the laws in a simple way and talk about defenses that could help. I’m not a lawyer but I’ll share what I’ve learned from my own experience and research.

The Charges: Understanding New York Cocaine Possession Degrees

There’s a few different cocaine charges in New York law, based on how much you had:

Seventh Degree Criminal Possession – Misdemeanor Charges

Criminal possession of a controlled substance in the seventh degree – less than 500 milligrams of cocaine

Fifth Through First Degree – Felony Cocaine Charges

• Criminal possession of a controlled substance in the fifth degree – at least 500 milligrams but less than 1/8 ounce of cocaine
• Criminal possession of a controlled substance in the fourth degree – at least 1/8 ounce but less than 1/2 ounce of cocaine
• Criminal possession of a controlled substance in the third degree – at least 1/2 ounce but less than 2 ounces of cocaine
• Criminal possession of a controlled substance in the second degree – at least 2 ounces but less than 8 ounces of cocaine
• Criminal possession of a controlled substance in the first degree – 8 ounces or more of cocaine

As you can see, the more coke you have, the higher the charge. Even a few grams can lead to some jail time. Possession of larger amounts like 1/2 ounce is a felony.

Penalties: Sentencing Guidelines for Cocaine Possession in NY

The penalties get harsher as the charge goes up. For small possessions like less than 500 mg, you may just get probation or a fine. But once you hit the higher felony charges, your looking at years in prison:

Misdemeanor vs Felony Penalties

• 7th degree (less than 500 mg) – up to 1 year in jail
• 5th degree (500 mg to 1/8 ounce) – up to 2 years in prison

What Happens With Larger Amounts?

• 4th degree (1/8 to 1/2 ounce) – up to 4 years in prison
• 3rd degree (1/2 to 2 ounces) – up to 9 years in prison
• 2nd degree (2 to 8 ounces) – up to 12 years in prison
• 1st degree (8+ ounces) – up to 20 years in prison

In addition to jail time, your probably looking at big fines, probation, drug counseling, and a criminal record. Not fun.

Defenses: Legal Strategies to Fight Cocaine Possession Charges

So what can you do to fight the charges? Here’s some of the main defenses that could get the charges reduced or even dismissed:

Constitutional Defenses and Fourth Amendment Rights

Illegal search – If the police searched you or your property illegally without a warrant, any evidence found may not be allowed in court. This is a good way to get the case thrown out.

Is Entrapment a Valid Defense in New York?

Entrapment – If an undercover cop pressured you into buying or possessing drugs, you may have been entrapped. This defense argues you wouldn’t have broken the law if not for police persuasion.

Common Defenses for Drug Possession Cases

• Misidentification – If the drugs weren’t actually yours, you may be able to show they belonged to someone else. Eyewitness misidentification happens a lot.
• Lack of knowledge – If you didn’t know the drugs were there (like someone left coke in your car), you can’t be guilty of intentionally possessing them.
• Medical necessity – For marijuana possession, some defendants argue they needed it for medical reasons. Probably wouldn’t work for coke but you never know.

An experienced Nassau County drug crimes lawyer can look at the details of your case and decide if any of these defenses make sense. Definitely don’t just plead guilty without exploring your options first.

What Happens After an Arrest?: The Criminal Justice Process

Ok, so you got arrested with some coke on you. Here’s a quick rundown of what happens next:

Initial Arrest and Booking Procedures

You’ll be booked at the police station, fingerprinted, photographed. They may hold you until arraignment or release you until your court date.

The Court Process: From Arraignment to Trial

• At arraignment, you’ll appear before a judge who informs you of the charges against you and decides on bail.
• Prosecutors may offer you a plea deal early on to avoid trial. Be careful about taking it without legal advice.
• Your lawyer will investigate the case, file motions to suppress evidence or dismiss charges, negotiate with the DA, and prepare your defense strategy.

What to Expect During Court Proceedings

You’ll keep appearing in court for hearings and procedural stuff until eventually reaching either a plea deal or trial. If found guilty at trial, you’ll proceed to sentencing where the judge gives you a punishment within the statutory range. After sentencing, you may appeal the conviction or sentence if there are good legal grounds to do so.

The whole process usually takes many months at least. Having an attorney to guide you through is really important.

Finding a Lawyer: Choosing the Right Criminal Defense Attorney

Why You Need an Experienced Drug Crimes Lawyer

If you or a loved one gets charged with cocaine possession in Nassau County, don’t go through it alone. Hire an experienced criminal defense lawyer who regularly handles drug cases.

What to Look for in a Nassau County Attorney

Look for someone who is:

• Knowledgeable about NY drug laws and case law
• Aggressive in fighting the charges
• Compassionate and easy to talk to
• Reasonable rates and payment plans

A good lawyer can make all the difference in getting charges reduced or dismissed. Many also have relationships with judges and prosecutors to help with plea bargaining. Don’t leave your future up to chance – make that call today.

Alternative Sentencing: Drug Court and Treatment Programs

Nassau County Drug Treatment Court Options

Nassau County offers Drug Treatment Court programs that can help eligible defendants avoid jail time. These programs allow non-violent offenders with substance abuse problems to complete treatment instead of serving prison sentences.

Are You Eligible for Diversion Programs?

To participate in Nassau County’s drug court, you must:

• Be at least 21 years of age
• Face a sentence of 90 days in jail, or have two prior criminal convictions
• Have an identifiable substance abuse problem
• Be willing to comply with all program requirements

Benefits of Drug Court vs Traditional Sentencing

Completion of treatment may, at the discretion of the district attorney and/or judge, result in a lesser sentence/plea. In some cases, participants may avoid incarceration entirely. The program has helped over 400 people since 2009, with only 3 re-offending.

Understanding Your Rights: Important Legal Protections

Good Samaritan Laws and Overdose Immunity

New York provides limited immunity from drug possession charges if you seek medical help for an overdose. This protection applies to both the person experiencing the overdose and the person who calls for help.

Second Felony Offender Consequences

New York imposes harsher penalties for repeat drug offenders. If you have a prior felony conviction within the past 10 years, you face enhanced sentences as a second felony drug offender.

Frequently Asked Questions About Cocaine Possession

Can I be charged if the cocaine wasn’t mine?

If the drugs weren’t actually yours, you may be able to show they belonged to someone else. Eyewitness misidentification happens a lot.

What if I didn’t know the drugs were there?

If you didn’t know the drugs were there (like someone left coke in your car), you can’t be guilty of intentionally possessing them. This is called the “lack of knowledge” defense.

Does entrapment really work as a defense?

If an undercover cop pressured you into buying or possessing drugs, you may have been entrapped. This defense argues you wouldn’t have broken the law if not for police persuasion. However, mere opportunity to commit a crime is not entrapment.

Conclusion: Take Action to Protect Your Future

I hope this gives you a better idea of what your facing with a cocaine possession charge in Nassau County. The laws are complex so get legal help ASAP. Stay positive and keep fighting! You can get through this.

Nassau County Cocaine Possession Laws