What to Do if You Are Arrested for Drug Possession in Queens

What to Do if You Are Arrested for Drug Possession in Queens

Being arrested for drug possession can be an incredibly stressful and scary experience. However, it’s important to stay calm and know your rights and next steps. This article provides an overview of what to expect if you are arrested for drug possession in Queens, New York and how a criminal defense lawyer can help.

The Arrest Process

If you are suspected of possessing illegal drugs, a police officer may stop and frisk or search you, your car, or your home. If drugs are found during the search, you will be arrested and taken to the local police precinct. At the precinct, you will be fingerprinted, photographed, and asked questions about the suspected crime.

You have the right to remain silent – you do not have to answer any questions without your lawyer present. After booking, you may be eligible for bail/bond or released on your own recognizance until your arraignment. If not, you will be transferred to the central booking jail to await arraignment.

Getting a Lawyer

Immediately after being arrested, you should invoke your right to counsel by clearly stating “I want to speak to my lawyer.” Contact a criminal defense lawyer in Queens as soon as possible after an arrest. An experienced attorney will help protect your rights, guide you through the system, and build the strongest defense strategy for your case.

A lawyer can potentially get the charges reduced or even dismissed. They will also advocate for your release from jail during the legal process. Public defenders are free lawyers appointed by the court if you cannot afford private counsel. However, public defenders typically have high caseloads which limits time spent on each case.

The Arraignment

Your arraignment will usually be the day after the arrest. This is when you are formally charged, enter a plea before the judge, and bail/bond terms are set. An attorney can negotiate with prosecutors beforehand regarding the charges and bail.

At the arraignment, you will be formally charged through an accusatory instrument outlining the suspected criminal conduct and applicable laws. Possible pleas include guilty, not guilty, or no plea. After entering a plea, the judge decides whether you can be released on your own recognizance or if bail is set.

Bail is money deposited to the court to incentive returning for your next court date. The bail amount depends factors like criminal history, flight risk, danger to the community, and case circumstances. In addition to or instead of bail, non-monetary conditions like travel restrictions, drug testing, and GPS monitoring can be ordered.

Fighting the Charges

A skilled Queens criminal lawyer thoroughly examines all evidence and case factors to build the strongest defense. Common strategies in drug possession cases include:

• Invalid search – Evidence can be suppressed if there was no probable cause or reasonable suspicion for search or seizure.
• Illegal search procedures – Violations of search warrant technicalities or protocols can also lead to evidence suppression.
• Faulty drug tests – Inaccurate or unreliable drug testing methods are grounds for dismissal.
• Entrapment – Police coercion into committing a crime you otherwise would not commits warrants dropping charges.

Additional defenses focus on creating reasonable doubt regarding knowledge, intent and possession. Lack of knowledge of drugs or intent to possess them are both valid defenses. You may also argue the drugs were not actually in your possession or control.

Diversion programs like drug court may also be an option depending on eligibility and prosecutor consent. These programs require completing drug rehab and other conditions in exchange for dismissed charges after completion.

The Pre-Trial Process

The pre-trial process starts after arraignment. It involves meeting with your lawyer to prepare your defense strategy for potential plea negotiations or trial. Important steps include:

• Discovery – Your attorney files discovery demands and reviews evidence like police reports, witness statements, drug test results, and surveillance footage. This can reveal legal issues with the prosecution’s case.
• Investigation – Your lawyer may interview witnesses, visit the crime scene, consult experts, subpoena records, and conduct independent research to support your defense.
• Plea negotiations – Based on case weaknesses revealed through discovery and investigation, your lawyer may negotiate with the prosecution regarding reducing or dismissing charges in exchange for a guilty plea.
• Pre-trial motions – Your attorney may make motions to suppress evidence, dismiss charges or request other procedural rulings from the judge.

The pre-trial process ends with either a plea deal or decision to go to trial. Over 90% of criminal cases end in plea bargains to avoid lengthy trials. However, if you maintain innocence or the plea deal is not in your interests, your attorney will vigorously defend you at trial.

The Trial and Sentencing

If a plea deal cannot be reached, your case will go to trial before a judge or jury. The prosecutor presents evidence and witnesses proving guilt beyond a reasonable doubt. Your lawyer cross-examines witnesses to undermine credibility and raises reasonable doubt about your culpability.

You have the right to testify in your defense, but also the right not to testify if you believe it could self-incriminate. Your lawyer may also call favorable expert and character witnesses. After both sides present arguments and evidence, the verdict is reached.

If found not guilty, you are free with charges dropped. If found guilty, your lawyer advocates for the lightest possible sentence under law. First time simple drug possession is an unclassified misdemeanor in New York typically punishable by up to 1 year in jail and fines up to $1000.

However, mitigating factors like no criminal record, positive background, and family impact may persuade the judge to waive jail time in favor of probation, community service and/or drug counseling programs.

Finding the Right Lawyer for You

If you or a loved one is arrested for drug possession in Queens, having an experienced criminal lawyer on your side is critical. Lawyers at Guyette Legal Group have over 60 years combined defending Queens residents charged with misdemeanor and felony drug crimes. We fight aggressively pre-trial to get charges reduced or dismissed through procedural defenses, plea bargains or diversion programs. At trial, we attack unreliable evidence and create reasonable doubt regarding intent and possession.

We also advocate passionately at sentencing for alternatives to jail like probation or court-ordered rehab. Every case is different and we offer customized defense strategies to achieve the best possible outcome. Consultations are free and confidential. Call 718-805-4415 or contact us online to discuss your case.

Resources

• What Happens at Arraignments in New York? – Overview of the arraignment process in NY from the court system.
• New York Drug Possession Laws & Penalties – Details on NY drug laws and sentencing guidelines.
• Marijuana Possession Defense Attorney – Article by Queens criminal defense lawyer on options for fighting marijuana possession charges.