What to Do if You’re Arrested for Drug Possession in Buffalo, NY

What to Do if You’re Arrested for Drug Possession in Buffalo, NY

Getting arrested for drug possession can be scary and overwhelming. But don’t panic! This article will walk you through what to expect if you’re arrested for drug possession in Buffalo, NY, and what steps to take to protect your rights.

Getting a Lawyer

Immediately after your arrest, ask for your one phone call to contact a criminal defense lawyer. If you can’t afford a private attorney, you can request a public defender at your arraignment. An experienced drug crimes lawyer can help get your charges reduced or even dismissed.

Some things a lawyer can do:

• Examine if the police had probable cause for the search and arrest
• Negotiate with the prosecutor for reduced charges or dismissal
• Advise you on possible defenses based on the specifics of your case
• Represent you in court hearings and at trial

Don’t wait to get legal help – the earlier in the process, the better!

New York Drug Possession Laws

New York divides controlled substances into different schedules based on their potential for abuse and medicinal value. Possession of any amount of drugs in Schedule I and II – like heroin, cocaine, and methamphetamine – is a felony. Marijuana possession is decriminalized up to 2 ounces.

Potential penalties for drug possession depend on the substance, quantity, and your criminal record. Even a first offense can result in heavy fines and years in prison. A knowledgeable lawyer can identify any legal defenses that apply to your specific case.

Common Defenses

Some potential defenses to drug possession charges include:

• Illegal search – If the police didn’t have probable cause for the search, any evidence found may be inadmissible.
• Improper police procedures – Mistakes in how the police handled the arrest or evidence could lead to dismissal.
• No possession – If the drugs belonged to someone else or you didn’t know about them, you may not be guilty of possession.
• Medical use – For marijuana, a valid medical prescription is a defense against criminal charges.

An experienced criminal lawyer can assess the police reports and evidence to identify defenses that could get your charges reduced or dismissed.

Your Arraignment

Your arraignment will occur within 24 hours of arrest. At your arraignment, you’ll be formally charged, enter a plea of guilty or not guilty, and find out your bail terms.

Don’t plead guilty without talking to a lawyer! Pleading guilty means giving up your right to a trial and accepting the penalties. An attorney may be able to negotiate a better plea deal or get charges dropped.

Preparing for Trial

If you plead not guilty, your case will go to trial. Your attorney will file motions to get evidence and statements suppressed, or charges dismissed, if there were any procedural errors after your arrest.

To prepare for trial, your lawyer will:

• Interview witnesses and examine evidence
• File motions to exclude any illegally obtained evidence
• Negotiate for lesser charges with the prosecutor
• Subpoena witnesses and prepare expert testimony for your defense
• Advise you on whether to have a bench trial or jury trial

Going to trial carries more serious penalties if you lose, so many defendants choose to take a plea bargain instead. An experienced attorney can help negotiate the best deal.