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Brooklyn Cocaine, Heroin & Opioid Drug Possession Charges

Dealing with Drug Possession Charges in Brooklyn

Getting arrested for drug possession can be an incredibly stressful and scary situation. Between figuring out the legal process, dealing with potential sentences, and worrying about the impact on your life, it’s normal to feel overwhelmed. This article provides an overview of cocaine, heroin and opioid possession charges in Brooklyn, outlining the typical penalties, defense strategies, and steps to take if you or a loved one is facing charges.

Understanding Brooklyn Drug Possession Laws

In New York, drug possession charges range from misdemeanors to felonies depending on the type and amount of the drug involved [1]. Here’s a quick overview:

Cocaine

  • Possessing less than 500mg is a misdemeanor punishable by up to 1 year in jail
  • Possessing 500mg or more bumps charges up to a felony with up to 9 years in prison [2]

Heroin and Opioids

  • Possession of any amount, even residues, is a misdemeanor with up to 1 year in jail
  • Possessing over 500mg bumps charges to a felony with 1-9 years prison time
  • Charges also depend on the type of opioid, with drugs like fentanyl leading to harsher penalties [3]

Penalties also increase for second and subsequent offenses. And possession within 1,000 feet of a school or other designated areas leads to even harsher sentences.

Understanding the Legal Process

If you or a loved one gets arrested for drug possession, the first step will be getting booked and held until arraignment. This means the court will formally read the charges and set bail terms.

The next step is deciding how to plead – guilty, not guilty or no contest. An experienced criminal defense lawyer can help negotiate with the prosecutor at this stage. Potential options include getting charges reduced or even dismissed through a diversion program.

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.
Brendan huisman
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.

If no plea deal is reached, the case proceeds to trial. A defense attorney’s job is putting together the strongest case possible to fight the charges. This could involve challenging the legitimacy of evidence collection or statements taken after arrest.

Building an Effective Legal Defense

Fighting drug possession charges requires an experienced criminal defense lawyer to protect your rights. A skilled attorney will thoroughly analyze the case details to spot any illegal actions, procedural mistakes or constitutional violations by police.

Common defense strategies include [4]:

  • Invalid traffic stop: Evidence gets thrown out if the traffic stop leading to the arrest was unlawful
  • No probable cause: Police must have sufficient reason to conduct a search. No probable cause makes the search illegal.
  • Miranda rights not given: Statements taken during interrogation may get excluded if police failed to read you your rights.
  • Illegal search: Evidence found through searches that violate the 4th Amendment gets excluded.
  • Incorrect drug testing: Faulty lab testing procedures can challenge alleged drug evidence.

An experienced lawyer knows which defenses apply to your specific circumstances. With their guidance, you have the best chance at achieving a positive outcome.

Understanding Potential Penalties

If convicted of cocaine, heroin or opioid possession, penalties largely depend on the drug amount and your criminal history. Generally, you can expect:

  • Jail time ranging from less than 1 year for misdemeanors up to 9+ years for felony drug charges
  • Fines ranging from $1,000 to $100,000+
  • Probation lasting 1-5 years, requiring drug testing and treatment
  • Permanent criminal record impacting jobs, housing, etc. [5]

Penalties tend to escalate for second and subsequent offenses. And charges like possession in a school zone typically lead to harsher sentences.

An attorney may negotiate plea deals or pre-trial diversion programs to minimize penalties. But outcomes vary case by case, so you need guidance from a lawyer experienced specifically with Brooklyn drug crimes.

Taking Next Steps After an Arrest

Getting arrested for drug possession in Brooklyn can be scary. But there are certain steps you can take to protect yourself:

1. Remain silent and ask for a lawyer

Anything you say to police may get used against you. So invoke your right to remain silent until your lawyer arrives.

2. Avoid discussing case details over the phone or mail

Jail calls and letters can be monitored. So wait until you can speak confidentially with your lawyer.

3. Hire an experienced criminal defense attorney

An skilled lawyer knows how to build the strongest defense to fight the charges. Public defenders handle excessive caseloads, so hiring a private Brooklyn criminal attorney is wise if possible. [6]

The sooner you hire an attorney after arrest, the more effectively they can protect your rights in those critical early days. So don’t delay in seeking experienced legal counsel.

Finding the Right Lawyer for Your Case

Not all attorneys handle drug charges the same. When searching for a Brooklyn criminal lawyer, you want someone with specific experience fighting drug possession cases.

Look for lawyers with a proven track record of [7]:

  • Dismissals and acquittals in drug possession cases
  • Reduced charges and minimum sentences
  • Strong relationships with judges and prosecutors
  • Handling complex appeals of possession convictions

Also consider lawyer reviews and client testimonials to gauge quality of service. Initial consultations allow you to ask questions and assess whether you feel comfortable trusting them with your defense.

Hiring the right lawyer for your specific drug charges gives you the best shot at the most favorable outcome. So do your research to pick a trustworthy and aggressive defense attorney.

Getting Your Life Back on Track

Facing drug charges takes an emotional toll beyond just legal consequences. The combination of stress, embarrassment and uncertainty over the future impacts all aspects of life.

Counseling and support groups can help address mental health and addiction issues underlying drug abuse. Establishing a structured routine also helps provide stability during the upheaval of dealing with a criminal case.

Additionally, taking proactive steps like enrolling in education programs demonstrates a commitment to self-improvement. This can help when it comes to finding jobs and housing with a criminal record.

While the road ahead seems daunting, supporting your legal case with self-care, counseling and education will help you get your life back on track. The first step is connecting with a Brooklyn criminal attorney equipped to protect your rights at this critical time.

Resources

For more information on cocaine, heroin and opioid possession charges in Brooklyn, check out the following legal resources:

Articles:

Legal Guides:

Support Groups:

This overview covers key considerations regarding cocaine, heroin and opioid possession charges in Brooklyn. But every case has unique circumstances, so speaking with an experienced criminal defense attorney is crucial for understanding how the law applies to your specific situation. With the right legal guidance, you can develop an effective defense strategy and work toward the most favorable outcome possible.

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