Criminal Defense Lawyers

Drug Crimes Lawyers: Drug Possession Penalties

The state of New York considers drug possession a serious crime. Penalties for possessing illegal drugs in the state can bring serious consequences. A good drug possession lawyer will be needed to minimize the danger to you if you are charged with drug possession. The earlier you involve your lawyer in the process the more fighting he or she will be able to do on your behalf.

Factors That Affect The Seriousness of Drug Charges

A number of factors exist that affect the severity of drug cases in New York state. Among these variables are:

• The number of drugs possessed.
• Any associated crimes.
• The presence of a firearm.
• The number of possession charges.

Police Operations

There are times when police will work a search warrant by using the telephone. These phone records can be retrieved at a later date if needed. It is also possible the person who is the target of the investigation is under surveillance. This is common after a person is convicted of drug possession for the first time.

A person who is convicted multiple times for drug possession will often become the target of a conspiracy investigation. This development will likely mean law enforcement believes the person or people they keep arresting is part of a larger criminal enterprise. In these cases, police officers are not looking for a single individual making one sale of an illegal drug. The target is multiple people who make many illicit drug sales. These are the cases often seen on television where a lot of drugs and money are retrieved from the locations being searched. Often there are homes, cars, jewelry, and large sums of money recovered during these investigations.

Drug Possession Penalties

There is a wide range of penalties possible for individuals facing drug possession charges in New York. A low-end misdemeanor possession charge carries a maximum sentence of one year in jail. On the heavy end of the scale, a C felony conviction for drug possession can cost the offender multiple years of their life in state prison.

The Fallout From Convictions

A person arrested for drug possession in New York can avoid jail time if they agree to one or more alternative consequences. Probation, rehabilitation, and home monitors are all options, especially for individuals who have no prior arrests on their records. There are also opportunities for first offenders to have these arrests expunged from their records. This is important due to the prejudice sometimes experienced by individuals with criminal records.

Your attorney does not need to tell you that your ability to get a job, pursue an education, and live a generally happy and successful life will be compromised following a drug possession conviction. The perception will be that a person possessing, using, or selling drugs is a person that cannot be trusted.

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

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

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

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

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

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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.

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Google rating score: 4.9 of 5, based on 736 reviews

Alternative and Diversionary Sentences

Diversionary programs are available to offenders of non-serious drug possession charges who opt for a program in lieu of incarceration. Volunteering for a diversionary program will not only help the individual avoid jail time, but will teach skills to prevent further offenses if the individual is serious about learning them.

You should reach out to your attorney early in the process to inquire about alternative programs if they interest you. This is especially true if you are battling a drug problem and need help sooner rather than later.

Possession Laws in New York

There is no such thing as a possession for personal use in the state of New York. All possession is a crime. Any person found to be in possession of an illegal drug in New York will be arrested. It does not matter if the possession consists of only one baggie or just a hit.

There is no difference in this rule with regard to prescription drugs. A person who is found to possess, consume, or sale a medication for which they do not possess a description will be arrested. This could be either a felony or a misdemeanor arrest.

There are no exceptions made due to the relationship shared with the owner of the prescription. Many people mistakenly believe they are not committing a crime if they reach into the medicine cabinet of their home and take a medicine that does not belong to them. Unfortunately, many people are forced to learn through an arrest how incorrect this presumption is.

How a Lawyer Can Help

The pressure of pending drug charges can be a cause of extreme stress. It is a good idea to contact a New York drug possession attorney so that the situation will not overwhelm you. A competent and compassionate attorney can make the road a little easier for you as they fight for your rights in a New York drug possession court.