New York Drug Crimes Defense - State vs Federal Charges

If you've been accused of a drug offense in the state of New York, there are two big questions that will drive your case and your potential outcome.

• Are the charges brought on behalf of the state of New York by the district attorney?
• Are the charges against you being filed in federal court?

The state of New York has its own penalties for criminal offenses, and the federal government has a separate system for prosecuting its drug-related offenses. You need New York drug crimes lawyers who are able to advise you on either type of case. In some cases, the person with multiple charges may be facing prosecution in state and federal courts.

Why Do You Need a Drug Crimes Lawyer for Drug Defense?

In the state of New York, there are two major distinctions between criminal offenses. The first type of charge - a misdemeanor - is punishable for a period rangin anywhere from 15 days to 365 days in jail. The second type of charge- a felony - is punishable by at least one year in jail, but could result in up to a lifetime sentence in prison. As an accused individual brought up on drug charges, you should hope that your charges are for misdemeanor reasons, but many drug charges come with felony charges. Felonies are serious business and merit the best legal representation in the state.

Charge Type	Jail Time	Severity
Misdemeanor	15 days to 365 days	Less serious criminal offense
Felony	At least 1 year, up to life in prison	Serious criminal offense requiring best legal representation

The Basics of Drug Defense

There is a major distinction in the New York State Penal Code between types of drugs. Any drugs that are not concentrated cannabis or marijuana are considered to be a controlled substance. This includes heroin, methamphetamines, prescription drugs, cocaine, crack, acid, and other street drugs. Many drugs in the modern age are actually a mixture of different drugs, including prescription drug ingredients mixed with street drug ingredients.

When Can You Be Accused of a Drug Crime?

Even if you are not directly found with drugs on your person or in your body, you could be accused of a drug crime because you had drugs in an area that was under your control, such as your vehicle, or because you had drug paraphernalia, or even because you were a witness to a drug overdose. There are many drug-related crimes that may surprise a person who happens to be in the wrong place at the wrong time. Therefore, it's important to choose who you associate with and what kinds of illegal substances, mixing ingredients, and paraphernalia they may have near you or attempt to store in your home or transport in your private vehicle.

Controlled Substances Examples
Heroin
Methamphetamines
Prescription drugs (unauthorized possession)
Cocaine / Crack
LSD / Acid
Fentanyl
Ecstasy / MDMA
Methadone
Concentrated cannabis
Other regular and synthetic drugs

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A drug crime is not something that will be taken lightly by the New York law enforcement officer, the prosecutors, or the judge in this case. In order to mount a proper defense, you must be able to prove your innocence or at least create a reasonable doubt as to whether you could have committed this drug crime. You may be accused of a crime because you were found to be in possession of or selling other drugs, including concentrated cannabis, LSD, Fentanyl, ecstasy, MDMA, methadone, and other regular and synthetic drugs.

What Happens After Your Arrest

You're going to get arrested and have to wait for your arraignment in New York district court. The arresting officer will have some initial evidence which he or she used to create probable cause and arrest you. The police detectives in the same unit must assemble more evidence and give it to the prosecutors to support your drug charges.

Critical Advice: Don't Make Statements

Remember, anything you say may make your case harder to defend in court. Don't give out any statements during the arrest or incarceration periods. Work hard to find a suitable New York drug defense lawyer, so you can protect your rights and build a proper defense. If you need immediate assistance, we suggest that you contact the aggressive defense attorneys at the Spodek Law Group at your earliest convenience.

We Can Help Many New York Residents Needing Drug Defense Representation

At SLG, rest assured that we have tried many cases in federal and state court and have the depth of legal knowledge needed to help you fight these charges. We have helped many New Yorkers, including undocumented foreign nationals and others with immigration issues, to defend their drug charges. A drug case can certainly jeopardize a foreigner's ability to live and work in this country. We will aggressively represent your interests in court and help you to achieve the best possible outcome given the evidence the state has collected against you. Finally, the longer you wait to hire an attorney, the harder it will be to argue why you were not guilty. Get started today with your New York drug defense attorney consultation!