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?
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.
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(212) 300-5196Should I Take a Plea?
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.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were pulled over for a broken taillight in Manhattan, and during the stop the officer found a small bag containing what they claim is just over 500 milligrams of cocaine in your jacket pocket. You were arrested and charged with criminal possession of a controlled substance, and you're now facing a felony that could upend your career and family life.
What defenses might apply to my cocaine possession charge, and is there any way to avoid a felony conviction?
Under New York Penal Law § 220.06, possession of 500 milligrams or more of cocaine constitutes criminal possession of a controlled substance in the fifth degree, a class D felony carrying up to two and a half years in prison. However, several defenses may apply in your case — we can challenge whether the traffic stop and subsequent search were lawful under the Fourth Amendment, question the accuracy of the drug weight analysis, or argue that you lacked knowledge of the substance in your possession. For eligible first-time offenders, New York's judicial diversion program under CPL § 216.05 may allow you to enter a treatment program instead of facing incarceration. An experienced cocaine possession attorney can evaluate the specifics of your stop and arrest to identify the strongest path toward getting your charges reduced or dismissed entirely.
This is general information only. Contact us for advice specific to your situation.
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.
