Mar 21, 2024

Queens Drug Possession Lawyers

Queens Drug Possession Defense: Understanding Your Legal Rights and Options

How Queens Drug Possession Lawyers Can Help You

If you’re facing a drug possession charge, working with Queens drug possession lawyers can help you determine the best strategy to fight the charges and return to your life as normal as soon as possible. All drug possession charges in Queens are serious offenses, but having lawyers for drug possession in Queens on your side can help you prepare an aggressive defense. You don’t have to fight alone.

Defense Strategies Available in Drug Possession Cases

There are multiple strategies and defenses that you can use when you face a drug possession charge in Queens. Here are some of the defenses that may be at your disposal when you fight a drug charge:

• Lack of possession
• Law enforcement search and seizure violation
• Misidentification of the substance
• An error calculating the amount of the drug
• Mitigating circumstances like no prior criminal history
• Witness errors
• Police misconduct
• You possessed the drug lawfully

Law enforcement must prove each element of the offense of drug possession. If they are unable to show that you knowingly had control and dominion over the drugs, you’re not guilty of the charges against you. Law enforcement may mishear witnesses, inaccurately record their statements or embellish in their police report in order to try and justify an arrest. You have a right to be heard on the allegations against you. You may try your case in court or negotiate the charges down to a less serious offense.

Laws For Drug Possession in Queens

Most drug possession laws in Queens fall under New York State Law. Some cities and other municipalities may have more strict drug possession laws, but most cities simply enforce state law. New York State has drug possession laws that apply in Queens.

New York Drug Possession Classification System

In Queens, the laws for drug possession are broken down by degree. The seventh degree is the least-serious drug possession offense. Drug possession in the seventh degree basically covers small amounts of any type of illegal substance that may not fall into any other category. Each degree of drug possession charge becomes progressively more serious. First-degree drug possession is the most serious degree of drug possession charge in Queens.

Queens Drug Possession Charges By Degree

The category of drug possession charge that you face in Queens depends on several different factors. First, the type of drug that you possess plays a role. In fact, marijuana is treated separately from other types of drug possession. Cocaine, heroin, methamphetamine and hallucinogens are the most serious types of drugs to possess. The greater the amount of the drug that you possess, the more serious the charge you face.

In addition, if law enforcement can show that you intend to distribute the drug, you might face a more serious charge. A first-degree drug possession charge can bring up to 20 years in jail. There are enhancements that may increase the possible penalties to up to 30 years if you have a prior violence conviction.

Fighting Drug Possession Charges in Queens

To fight the drug possession charges against you in Queens, you need to work aggressively in order to defend yourself. Your defense begins as soon as you’re arrested. You need to secure bond or bail, and a Queens drug possession lawyer can help you address the terms of your release from jail at your arraignment.

You need to demand that law enforcement preserve the evidence they claim to have against you. You may need to motion to have the substances inspected or independently tested. If law enforcement claims that you had the drugs for your own use, it may be helpful to secure a drug test in order to show that you didn’t use the drugs. Preliminary motions to challenge the state’s evidence can also be a way to attack the charges against you.

Working With Experienced Queens Drug Possession Lawyers

Having experienced attorneys on your side can help you fight the claims against you. Drug possession is a serious offense that can impact your school, employment and other opportunities. Working with experienced attorneys for drug possession can help you chart the best course as you respond to the charges and prepare your defense.

Don’t deal with Queens Drug Possession Lawyers alone. Speak to the Spodek Law Group today.

Understanding Felony Drug Charges in New York

When you’re charged with drug possession, you are likely facing a felony charge in the case of most drugs (heroin, meth, cocaine, etc). There are a few rare instances where a small amount of a substance like marijuana might be a misdemeanor, but for the most part drug possession falls into the more serious category of felony crimes. It’s not something that you want to be charged with in court by yourself without a lawyer.

There is no one type of drug crime but instead many drug crimes that will land you on the wrong side of the law. During your arraignment, the judge will read off a list of the charges against you and give you the opportunity to plead guilty or not guilty. It’s crucial to have a lawyer by your side during this time because if you plead guilty, you may face a felony on your record for the rest of your life. At the very least, a drug possession lawyer can help you negotiate a plea bargain that will perhaps reduce your crime OR be able to get your crime dismissed altogether.

Defending A Drug Possession Charge

Many people erroneously assume that you’re either guilty or not guilty of a drug possession crime, and if you’re guilty you’re guilty and if you’re not you’re not. This couldn’t be further from the truth. A Queens drug possession lawyer has many defenses they can use in a drug possession case.

Also overlooked is the court’s changing attitude toward drug abuse as a medical condition rather than a criminal issue. Many judges go to great lengths to get drug addicts help from medical facilities and long-term residential treatment centers rather than sentencing them to lengthy prison sentences.

Understanding the Severity of Drug Charges

Please be aware of the seriousness of drug possession crimes! For example, heroin possession alone can carry a 3 year prison sentence on a 1st offense. This is no laughing and/or small matter. You’re facing not only 3 years in prison depending on the amount of the drug you’re found with, but you’re also facing a lifetime felony on your record.

What Defense Lawyers Will Do For You

There are many alternatives to prison in even the most serious of possession cases. For example, drug courts have become a popular alternative to prison sentences, although many lawyers and people themselves recommend avoiding drug court at all possible costs due to its harshness and due to the concern that some have that it destroys someone’s freedom for years, even if matters that don’t have anything to do with drugs.

A lawyer will press for probation in cases where you don’t have another offense. The courts are very open to probation for drug charges, especially if it’s a first offense. They’re also open to plea bargains that arrange for the person to go to a long-term residential treatment home instead of a jail cell.

In the best case scenario, your lawyer may be able to defend you and have your charges reduced or dismissed due to technical errors on the part of the courts or some violation of your rights during the arrest.

While drug charges are a difficult charge to face and it’s an uphill battle, there are Queens lawyers out there who can go to bat for you in a court of law and help you get the best outcome for your particular situation. Don’t ever face a drug possession charge on your own or think you should just plead guilty and get it over with. There are options that your lawyer has that will help you.

Criminal Possession of Controlled Substances in New York

Criminal possession means having a controlled substance in your possession, and is a serious crime. It’s a misdemeanor/felony in NY. The severity of the charges for drug possession imposed by the court upon conviction for drug possession will vary, and depend, on the type and amount of substance involved. Your past record, will also influence the final sentencing.

The charges vary, and possible penalties vary – depending on the situation – at the end of the day though, it’s highly recommended you hire your very own drug possession attorney. After you get arrested, you have the right to your very own drug possession lawyer – who will represent you. You are eligible for your own private counsel, or a court appointed attorney. The quality of the attorney you hire will greatly impact your final sentence, or whether the case is dismissed.

When you hire the Spodek Law Group – you are hiring a professional, and award winning, Queens drug possession attorney who will handle your case, and protect your rights. You are hiring someone who will help have the charges reduced, or the case dismissed entirely. We can help you no matter the nature, or severity, of your drug possession case.

There are a number of factors we will take into account when helping establish your innocence, i.e. wrongful arrest, or other factors. We look at the big picture, i.e. the location of your arrest, prior criminal record, the amount of controlled substance, and the manner in which you were searched/arrested/question in order to help dismiss the case.

Penalties and Charges

New York State Penal Code §§ 220.00-220.25 defines the criminal possession of a controlled substance with a wide array of charges and penalties. The two primary variables that impact the charges/sentences are – the type of substance, and the amount. In addition, whether the government thinks you were trying to sell the drug also matters.

Drug Possession in Seventh Degree

Criminal possession in the seventh degree is the least serious of all charges, and it involves the possession of any amount of a controlled substance. It’s considered a class A misdemeanor, with a max penalty of one year in jail, and a fine up to $1000. If this is your first offense, you can qualify for drug treatment instead of incarceration.

Fifth Degree Drug Possession

Possession in the fifth degree involves possession of any amount of a controlled drug with intent to sell, possession of half of an ounce of narcotic drug, possession of 500 mg or more of cocaine, possession of ketamine, possession of 50 mg or more of PCP, or possession of 28 grams or more of a substance containing GHB. This is a class D felony, and it’s punishable by up to 7 years or more in jail.

Felony Drug Possession in NYC

As the amount of drug in your possession increases, so do the charges and penalties. Possession of a substance in the 1st degree, is the most serious of drug possession charges in queens, and it’s highly recommended you hire a Queens drug possession lawyer – since you could face life in prison, and a fine of up to $100,00. This involves possession of 8 ounces or more of a narcotic drug. Narcotic drugs can be any drug listed in Schedule I(b), I(c), II(b) or II(c) of the New York State Controlled Substances Act, other than methadone.

Queens Drug Possession Lawyers