Criminal Possession of a Controlled Substance in New York

Let's be honest. Getting a charge of criminal possession of a controlled substance is a huge matter. You need to find a qualified New York drug crimes lawyer who can represent you in this matter and review all the evidence that the prosecution has assembled against you. We decided to demonstrate the gravity of this kind of case to use the most serious charge as the example.

Understanding the Legal Definition Under New York Law

According to Article 220.21 of the New York State Penal Code, you are guilty of this crime when you have
  1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or
  2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more.
This is a Class A-I felony which comes with serious jail time.

The question becomes: How Will You Mount a Successful Legal Defense for Drug Possession?

A drug possession case is going to include jail time, even if it's a misdemeanor. So, you must find the right legal experts to take your case. It is best to do this early on, hopefully right after you get arrested, if possible. The longer that you wait to secure legal representation, the more time will go by and the evidence will keep being collected against you. You may also say things that hurt the case while in jail, while in law enforcement custody, or in passing to your friends and relatives. When you have an attorney present, then you get expert legal advice and avoid giving statements or staying other things that would hurt your case.

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The Prosecutor's Perspective

The New York state prosecutor and the police investigating this case find drug charges to be serious and offensive. They don't like it when people break the law or think they can get away with it. There is the chance that you are innocent, but the system is not fair to everyone. Prosecutors believe that criminals who have committed this type of crime belong in jail doing hard time. Jail is not a friendly place.

Long-Term Social and Professional Consequences

Furthermore, drug offenders face social consequences after serving time and paying their fines. It's easy for the judge to throw the book at you and incarcerate you based on your criminal behavior. Sadly, if convicted, you will keep feeling the effects in other areas of your life even before you are paroled.
Life Impact Area Potential Consequences
Personal Relationships You may lose certain friends or family members because they are not okay with what you did.
Professional Life You may lose your professional license, career, or business.
Employment You may find it hard to get a decent job after being released from state prison.
Housing & Business You may get turned down for certain housing and business opportunities after your release.
Romantic Relationships You may not be able to date or marry the person you meet now or in the future because he or she does not like having someone with a criminal record of this nature around.
There are so many potential ramifications that you cannot leave the outcome of this case to chance.

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You need to hire a qualified lawyer who is currently practicing in the state of New York. The right candidate has already tried similar cases and gotten defendants either acquittalplea bargain, or reduced sentences. You want the best outcome because you took the time to find the right attorney.

Understanding Possession Requirements

Only an experienced drug defense attorney knows how the New York legal system works and can advise you on how to protect your rights. Remember that your case came before the court because you were found to be in possession of a controlled substance. This amount must meet the requirements for the quantity specified in the statute. This substance actually had to be on your person or in your hands at the time of arrest. Anything less than actual possession could be labeled something like presumption, which means that you had access to the substance in an area under your direct control, such as your personal vehicle.

Take Action Now

At the Spodek Law Group, we've handled hundreds of cases involving drug crimes, and we appreciate the opportunity to evaluate each case. If you contact an attorney right after your arrest, then he or she will have the most amount of time to prepare a proper defense on your behalf. Your civil freedoms are at stake here, even your voting rights and your ability to live outside of a jail cell. Take action and find the best attorney for your drug charge today. Be smart. Don't say anything that will hurt this case! Your future is important to you and to us, and choosing appropriate legal help is a top priority!

Frequently Asked Questions

No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.

Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.

An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.

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