Nassau County Cocaine Possession Laws
Contents
Nassau County Cocaine Possession Laws
Getting charged with cocaine possession in Nassau County can be really scary. Even if it’s a small amount for personal use, possession is illegal and can lead to serious consequences. As someone whose been through the system myself, I want to break down the laws in a simple way and talk about defenses that could help. I’m not a lawyer but I’ll share what I’ve learned from my own experience and research.
The Charges
There’s a few different cocaine charges in New York law, based on how much you had:
- Criminal possession of a controlled substance in the seventh degree – less than 500 milligrams of cocaine
- Criminal possession of a controlled substance in the fifth degree – at least 500 milligrams but less than 1/8 ounce of cocaine
- Criminal possession of a controlled substance in the fourth degree – at least 1/8 ounce but less than 1/2 ounce of cocaine
- Criminal possession of a controlled substance in the third degree – at least 1/2 ounce but less than 2 ounces of cocaine
- Criminal possession of a controlled substance in the second degree – at least 2 ounces but less than 8 ounces of cocaine
- Criminal possession of a controlled substance in the first degree – 8 ounces or more of cocaine
As you can see, the more coke you have, the higher the charge. Even a few grams can lead to some jail time. Possession of larger amounts like 1/2 ounce is a felony.
Penalties
The penalties get harsher as the charge goes up. For small possessions like less than 500 mg, you may just get probation or a fine. But once you hit the higher felony charges, your looking at years in prison:
- 7th degree (less than 500 mg) – up to 1 year in jail
- 5th degree (500 mg to 1/8 ounce) – up to 2 years in prison
- 4th degree (1/8 to 1/2 ounce) – up to 4 years in prison
- 3rd degree (1/2 to 2 ounces) – up to 9 years in prison
- 2nd degree (2 to 8 ounces) – up to 12 years in prison
- 1st degree (8+ ounces) – up to 20 years in prison
In addition to jail time, your probably looking at big fines, probation, drug counseling, and a criminal record. Not fun.
Defenses
So what can you do to fight the charges? Here’s some of the main defenses that could get the charges reduced or even dismissed:
- Illegal search – If the police searched you or your property illegally without a warrant, any evidence found may not be allowed in court. This is a good way to get the case thrown out.
- Entrapment – If an undercover cop pressured you into buying or possessing drugs, you may have been entrapped. This defense argues you wouldn’t have broken the law if not for police persuasion.
- Misidentification – If the drugs weren’t actually yours, you may be able to show they belonged to someone else. Eyewitness misidentification happens a lot.
- Lack of knowledge – If you didn’t know the drugs were there (like someone left coke in your car), you can’t be guilty of intentionally possessing them.
- Medical necessity – For marijuana possession, some defendants argue they needed it for medical reasons. Probably wouldn’t work for coke but you never know.
An experienced Nassau County drug crimes lawyer can look at the details of your case and decide if any of these defenses make sense. Definitely don’t just plead guilty without exploring your options first.
What Happens After an Arrest?
Ok, so you got arrested with some coke on you. Here’s a quick rundown of what happens next:
- You’ll be booked at the police station, fingerprinted, photographed. They may hold you until arraignment or release you until your court date.
- At arraignment, you’ll appear before a judge who informs you of the charges against you and decides on bail.
- Prosecutors may offer you a plea deal early on to avoid trial. Be careful about taking it without legal advice.
- Your lawyer will investigate the case, file motions to suppress evidence or dismiss charges, negotiate with the DA, and prepare your defense strategy.
- You’ll keep appearing in court for hearings and procedural stuff until eventually reaching either a plea deal or trial.
- If found guilty at trial, you’ll proceed to sentencing where the judge gives you a punishment within the statutory range.
- After sentencing, you may appeal the conviction or sentence if there are good legal grounds to do so.
The whole process usually takes many months at least. Having an attorney to guide you through is really important.
Finding a Lawyer
If you or a loved one gets charged with cocaine possession in Nassau County, don’t go through it alone. Hire an experienced criminal defense lawyer who regularly handles drug cases. Look for someone who is:
- Knowledgeable about NY drug laws and case law
- Aggressive in fighting the charges
- Compassionate and easy to talk to
- Reasonable rates and payment plans
A good lawyer can make all the difference in getting charges reduced or dismissed. Many also have relationships with judges and prosecutors to help with plea bargaining. Don’t leave your future up to chance – make that call today.
I hope this gives you a better idea of what your facing with a cocaine possession charge in Nassau County. The laws are complex so get legal help ASAP. Stay positive and keep fighting! You can get through this.
References
Here’s some of the sources I used to research this article: