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Bronx Drug Possession Lawyer

March 21, 2024 Uncategorized

Bronx Drug Possession Lawyers Can Help

If you’ve been arrested for drug possession in the Bronx, you probably have many concerns. The harsh reality is that prosecutors aggressively pursue these charges as they’re easy cases to win without the opponent having equally aggressive representation. You could be facing harsh fines and even jail time. There are many different defenses to help beat or at least significantly reduce the impact of these charges. Our no-risk free consultation offers you the chance to see exactly how our Bronx drug possession lawyers can help.

What are the fines and penalties for Drug Possession in the Bronx?

The extent of the fines and penalties that you’d be subjected to largely depends on what drug(s) you were in possession of and the quantity. It also depends on whether the state views you as someone who has the intent to distribute the drugs you were caught with. For example, if you were caught with many bags of marijuana, the state will most likely consider this an intent to distribute the drugs. Another factor that often comes into play is the location of where you were stopped for the violation. If you were in a drug free school zone or other protected area, the fines and penalties may increase significantly. Most initial drug charges are a misdemeanor; however, they can significantly increase and become felonies if they’re severe occurrences or repeat offenses.

The penalties for drug possession are based on a scale of controlled substances and their risk for abuse, addiction, legitimate medical uses, among other factors. For example, cocaine possession isn’t as serious as heroin as cocaine is still used for some medical applications; however, it’s potential for abuse is still very high. Heroin is viewed as highly addictive and isn’t used for any medicinal purposes. Marijuana is still viewed by the federal government to not have practical medicinal use, although it’s been legalized and decriminalized in many states. In New York City, it’s still illegal to possess marijuana for recreational use. Drugs coupled with drug paraphernalia is considered an additional offense that would also require representation. Click here for specific statutes regarding drug laws in New York.

The intent to distribute drugs can be a very confusing and complicated matter. Often, charges are filed with an intent to distribute solely based on the weight quantity of drugs seized. The problem with this is that many users will buy in bulk to avoid putting themselves in danger repeatedly. The packaging used can also influence how the police view the matter. If there are many bags used to store the drugs, it may appear to the police that you intend on selling the drugs although this may not be the intent. If you’re caught with a scale, capsules, or packaging that’s typically used to distribute drugs, you’ll need the guidance of a highly skilled Bronx drug possession lawyer. Without an attorney, the prosecution would have a strong case to not only convict you of possession, but also as a drug dealer. This can have long lasting and very harsh effects on your ability to function as a productive member of society.

Possible defenses to drug possession and possession with intent charges:

Often, the police will want to conduct a search even if they don’t have any reason to suspect that you’d have drugs. Without probable cause to establish a search and seizure, the state wouldn’t have a valid case against you and the charges must be dropped. Another scenario is when the police will charge you with possession for finding drugs that aren’t on your person but within proximity. Depending on the specific circumstance, they may be unjustified in their assumptions. Illegal searches and seizures are protected by the US Constitution. A skilled attorney can determine if your rights have been violated and will fight to protect you from unwarranted charges.

Get in touch with us for your no-risk free consultation:

Our Bronx drug possession lawyers are ready to fight for your rights. We offer a free and no-risk consultation to see how we might be able to help. We have successfully helped many clients to beat or reduce drug possession charges and help them maintain their reputation. Don’t try to navigate the complexities of the legal system alone. Give us a call or contact us online and we’ll be happy to discuss your options and how we can help you, today.

Don’t deal with Bronx Drug Possession Lawyer alone. Speak to the Spodek Law Group today.

Drug possession often seems like a less serious crime. It is less serious only if you possess drugs that are not controlled by law. Unlawful possession of a controlled substance or drug can land you in a serious trouble, particularly in Bronx. The State of New York takes a hard line against drug-related offenses.

New York Drug Possession Laws

The New York drug possession laws make it a criminal offense to willfully and knowingly possess a controlled substance such as cocaine, marijuana, heroin, methamphetamine and LSD. The laws also make it a crime to possess chemicals that are used in drug manufacturing as well as certain materials related to drug use. The type of drug possession charges varies with the drug amount, type of drug and the location where the offense took place.

Categories of Drug Possession Laws

Drug laws fall into two main categories. There is the possession for personal use and possession with intent to distribute. Drug possession with intent to distribute carries serious penalties upon conviction. To prove that the offender had the intention to sell the controlled drugs, prosecutors may present evidence such as testimony from witnesses, baggies, digital scales, large amounts of cash in small bills and large quantities of the drugs in question.

Drug possession for personal use also carries some penalties, but they are less less serious when compared to drug possession with intent to distribute.

Possible Penalties for Drug Possession

The penalties for drug possession in the Bronx vary with the type of drug involved. The offenses may be classified as class A, B, C or D felonies. Class A felonies involve possessing eight or more ounces of a narcotic drug or more than 5,759 milligrams of methadone. Penalties include a fine of up to $100,000 and at least three years in prison. A class B felony involves possession of less than four ounces of a narcotic drug. It attracts a fine of up to $30,000 and at least two years in prison. Class C and D felonies involve possession of less than one-half ounce of a narcotic drug. Penalties include a fine of up to $15,000 and at least one year in prison.

Drug Possession Defenses

If you are arrested and charged with illegal possession of drugs, there are certain defense strategies you can use. The State of New York guarantees the right to due process of the law, including during search and seizure procedures. If the investigators conducted the search without following the due diligence, you can request the judges to dismiss the case. You can also claim that the drugs are not yours or that you didn’t know they were in your house. You can also use the results from the crime lab analysis to question the accuracy of the findings or claim that the drugs were implanted on you. However, you will have to prove that the drugs were planted, which may be very difficult.

Hire a Bronx Drug Possession Lawyer

Being convicted of illegal possession of a controlled substance is a serious crime that can change your life for the worse. You should never take chances when defending yourself against the charges. Hire an experienced drug possession lawyer immediately. A good lawyer will review all the facts surrounding your case, gather enough evidence to counteract the accusations and prepare a solid defense strategy. The lawyer will also protect you against aggressive prosecutors and police officers who may want to intimidate and force you to plead guilty to the charges. When hiring a lawyer, make sure you find someone who has a high success rate and specializes in defending people charged with drug possession.

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Todd Spodek

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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