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Seventh Degree Controlled Substance Possession

Drug Crimes Lawyers: Seventh Degree Controlled Substance Possession

The wording of the charge is “criminal possession of a controlled substance in the seventh degree.” The meaning of the charge is being caught with any controlled substance except marijuana, which is covered under statutes of its own. Seventh degree is the lightest charge available or a misdemeanor. What are the facts about seventh degree controlled substance possession?

What Is Criminal Possession Of A Controlled Substance In The Seventh Degree?

The New York State Senate defines the charge as “knowingly and unlawfully possessing a controlled substance.” It goes on to say that the law will not be violated if a person is in possession of a hypodermic syringe or needle with traces of the substance in it. This is in compliance with Section 3381 of the Public Health Law which covers New York’s syringe pharmacy and doctor based programs.

A person will also not be in violation of this law if his or her possession is discovered in reply to a call for help for the person or a friend. This means the person or friend is in need of potentially life-saving measures. This is in compliance with paragraphs “a” and “b” of subdivision three of section 220.78 of the Penal Law.

Definitions

Seventh degree is the lightest charge available for criminal possession of a controlled substance. It’s a Type A misdemeanor, that is, until the substance is found in more weight. It then becomes a Type D felony.

A controlled substance is one defined as being on any level addictive and encompassing every drug known to medicine as being addictive. This includes recreational drugs like crack as well as prescription drugs such as pain killers. A list of such substances may be found in schedules one through five of Section 3306 of the Public Health Law.

Criminal possession is defined as knowingly possessing in any manner including trace amounts an unlawful controlled substance.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Examples

A person is transporting a friend or family member to a medical facility. The friend or family member does a line of cocaine on the way to the facility. The cops pull the person over for a traffic infraction and find traces of the cocaine. The person can’t be prosecuted, because the person is delivering the friend or family member to a medical facility.

A person is caught by the police in violation of something and find a bottle of Percocet, for example. The medication is used for relieving the pain the person feels. The person can’t be charged for possession of a controlled substance, because the person has a doctor’s prescription for the controlled substance.

Alternatively, a person can be arrested for possession of a controlled substance if the substance is found in the home or automobile of the person. It doesn’t matter to the government that the substance belonged to someone visiting the home or riding in the auto. The person was caught in the proximity of a controlled substance. That’s enough for the government.

Penalties

The penalty for criminal possession of a controlled substance in the seventh degree is imprisonment for up to one year, loss of the person’s driving license, and a fine of up to $1,000.

Alternatively, a person caught in such criminal possession might ask his or her lawyer if the drug courts are a viable solution to the problem. In this alternative to jail time, the person pleads guilty to the charges and agrees to a program in the drug courts in exchange for a sentence reduction.

In the drug courts, the person would undergo medical treatment and therapy as well as signing a contract agreeing to do this. The purpose is to educate people about drugs and addiction as well as to help those who are addicted but not violent to heal their drug addiction.

Defense

Obviously, we’re going to use the life threatening event defense in the case of a friend or family member of the person possessing a controlled substance, and the person is taking this friend or family member to a medical facility. We’ll also use the prescribed by a doctor defense.

We’ll also look into whether the investigating authorities made a mistake in charging the person with criminal possession. We would look into whether the controlled substance was actually in the person’s possession, or if the person was simply in the wrong place at the wrong time.

There are other aspects of the law that can be used in such a defense. We’ll leave no stone unturned in studying the case’s details, the evidence, and how the aspects of the law can be applied to the case. Then we’ll work to alert the judge that the case should be dropped or that a lesser charge is the way to go. Contact Spodek Law Group at www.federallawyers.com to tell us how we can help you.

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