Fighting Possession of a Controlled Substance Charges in New York

Being charged with possessing illegal drugs in New York can derail your future. But an experienced criminal defense attorney can often get the charges reduced or dismissed. Read on to learn potential defenses against New York controlled substance possession charges and how a lawyer can help achieve the best outcome in your case.

New York Drug Possession Laws

New York divides controlled substance possession into degrees based on the weight and type of drug. Charges range from misdemeanors to serious felonies with heavy penalties. Even a low-level possession conviction can hurt job and education prospects if you have a criminal record.

When Can You Be Charged With Drug Possession?

You can face charges if found with illegal substances like cocaine, heroin, methamphetamine, LSD, MDMA, prescription medications without a valid prescription, concentrated cannabis, and synthetic marijuana. Drug possession involves having physical control over the substance. This includes finding drugs in your:
  • Pockets
  • Wallet
  • Purse
  • Glove compartment
  • Other personal spaces
You can still be charged even if the drugs aren't on your person.

Common Defenses Against Possession Charges

Skilled NY drug crimes attorneys frequently get charges dismissed by raising defenses such as:
  • Illegal search - If police lacked probable cause for a search, evidence may be excluded.
  • No knowledge - You didn't know drugs were present.
  • No possession - Drugs belonged to someone else.
  • Planted evidence - Drugs were placed without your knowledge.
  • Incorrect weight - The reported weight was wrong.
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Can You Fight Constructive Possession Charges?

"Constructive possession" means you had the ability and intent to exercise control over drugs. For example, drugs found in your home or car. This can be challenged by proving:
  • You didn't know about the drugs
  • The drugs belonged to someone else
  • You didn't have ability to control the drugs
An attorney can argue lack of constructive possession and beat the charges.

Should You Take a Plea Deal for Drug Possession?

Possibly, but first discuss options thoroughly with your lawyer. They will provide an honest assessment of your chances at trial. Some reasons to accept a plea bargain include:
  • Avoiding felony convictions and jail time
  • Pleading to a non-criminal violation charge
  • Participating in drug treatment program instead of incarceration
Over 90% of criminal cases end in pleas. But your lawyer negotiates the best deal.

Will a Conviction Impact Your Immigration Status?

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Absolutely. Drug possession convictions can lead to denial of citizenship, deportation, and inability to re-enter the US if you are a non-citizen. Your attorney will advise on how plea bargains and programs for drug treatment instead of conviction may help avoid immigration consequences.

How Can an Attorney Help with Drug Diversion Programs?

By completing court-mandated drug treatment, you may be able to get charges dismissed under diversion programs like:
  • Drug Treatment Alternative to Prison (DTAP) - For felony drug offenses
  • Judicial Diversion Program - For misdemeanor drug possession
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Don't Delay - Consult an Attorney Today

The sooner you retain counsel after a drug arrest, the better. A lawyer can intervene early, before charges are even filed, to protect your rights. Don't leave your future to chance. An experienced drug crimes attorney can often achieve reduction or dismissal of NY controlled substance possession charges.

References

Frequently Asked Questions

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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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