In New York, when an individual in in possession, sells, manufactures, or distributes counterfeit drugs, then he or she could face counterfeit drug charges. What defines counterfeit drugs in New York? Counterfeit substances are made to mimic the resemblance of a prescription drug, a controlled drug, or a narcotic. Although this is a serious offense, there are many individuals who are unaware of this, which leads to harsh penalties. One example may include an individual who was arrested for being in possession of a counterfeit drug when the substance was being used as a joke. Anyone facing a counterfeit drug conviction should consult with a skilled attorney for guidance.

A NYC criminal defense attorney can make certain that law enforcement officials adhered to all the required procedures. From a legal point of view, possession and distribution of counterfeit drugs can be a complicated issue when determining how an individual will be charged. One of the first actions taken by a criminal defense attorney is to determine if the law enforcement official had probable cause to perform a search and seizure. When a police officer didn’t have probable cause to test or search for the substance in question, it could lead to a dismissal. In addition, a criminal defense attorney can also check that warrants were properly issued and carried out.

Other Valid Defenses to Counterfeit Drug Charges
Because a counterfeit drug case is complex, an attorney can help those accused of the charge establish a solid defense. A criminal defense attorney understands how to take an individual’s unique circumstances surrounding the case and develop a defense that will significantly increase the chance of a successful outcome. For example, some individuals were unaware they were in possession of the substance. A criminal defense attorney has the capability to help prove an individual was unaware of what was in his or her possession, which will lead to a dismissal.

Additional or Escalating Charges for Counterfeit Drugs
In New York City, the possessing, manufacturing, or distributing a counterfeit drug is directly related to other crimes that involve controlled substances. As a result, a prosecutor may attempt to charge an individual with additional offenses or escalate the initial charges. There are instances when an individual was charged with conspiracy or possession of an illegal substance for having a harmless household item. A criminal defense attorney will work diligently to ensure the charges are not escalated.

There are some types of counterfeit drug cases that will significantly rely on witness testimony to prove a defendant was in possession or intended to sell a counterfeit drug. These witnesses can be harmful because when an individual isn’t questioned in the right manner, it can be extremely detrimental to a defendant’s case. A skilled defense attorney can aggressively question witnesses during cross examination to disprove the allegations and discredit the individual who accused the defendant. A jury can be persuaded that a witness could have been mistaken in his or her testimony against a defendant when a criminal defense attorney presents the right questions.

A criminal defense attorney also knows how to gather important evidence that can be used in the defendant’s defense. In addition, an attorney understands the rules and guidelines regarding evidence, which makes the process much easier. A criminal defense attorney knows how to use videos of the defendant, statements from individual’s who dispute the surroundings of the incident, and any physical evidence that can be used to help develop an effective defense.

A criminal defense attorney can also strategically negotiate with a prosecutor concerning a counterfeit substance charge. In New York, it can be difficult for a prosecutor to get a conviction for a counterfeit substance charge because many of the items in question are intangible things. In addition, it can be hard for the prosecution prove that a defendant’s intentions were to use the substance in an illegal manner. An experienced criminal defense attorney has expert skills in negotiation, so there are many times the prosecution will not find enough effort to pursue the maximum consequences.

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A criminal defense lawyer can also present mitigating circumstances when needed. What are mitigating circumstances during a counterfeit drug case? They are specific factors that prove the accused does not deserve the most severe punishment. This is an important factor because when a defendant can show a judge that he or she did not understand or was unaware of New York laws, it could mean the difference between incarceration and having to pay a fine.

Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

This is general information only. Contact us for advice specific to your situation.

If you have been arrested for counterfeit drugs, it is vital that you seek help from a New York City criminal defense attorney as soon as possible. With a skilled defense attorney, an individual who is facing counterfeit drug charges is making certain that his or her rights are protected as well as an effective defense is established.