Each year, on average over 50,000 individuals face drug-related arrests in the state of New York. These arrests encompass a range of drug-related offenses, including possession, distribution, manufacturing, and drug paraphernalia. The substances involved include cocaine, heroin, methamphetamine, LSD, PCP, and various prescription drugs. Recognizing the public health concerns and the potential for these crimes to lead to further criminal activities, law enforcement and prosecutors in New York allocate significant resources, both in terms of funding and manpower, toward apprehending and prosecuting individuals suspected of drug-related offenses.
In their fervor to address the issue of drug crimes, law enforcement personnel may not always make accurate assessments, leading to situations where those arrested may possess valid defenses that could result in reduced charges, dismissal, or acquittal. Convictions for drug crimes can have severe consequences, with many of these offenses classified as felonies, carrying the possibility of lengthy prison sentences.
Given the potential ramifications of a drug crime conviction, it is crucial that individuals facing charges such as drug possession, drug manufacturing, or drug distribution promptly seek the counsel of an experienced New York drug crimes lawyer. By doing so, you can gain insight into your legal options and benefit from robust defense strategies designed to protect your rights and secure the most favorable outcome. With decades of experience representing clients in cases ranging from drug crimes to assault, domestic violence, and sex offenses, the attorneys at Stephen Bilkis & Associates are equipped to provide the guidance and advocacy needed to safeguard your future. Contact us today to schedule a free, no-obligation consultation and explore how we can best serve your interests.
Types of Drug Crimes in New YorkUnder the New York law there are 30 drug offenses related to controlled substances, with the majority involving possession, distribution, manufacturing, and paraphernalia. While some are classified as misdemeanors, the majority of drug crimes fall into the category of felonies.
Drug possession offenses involve the unlawful and knowing possession of controlled substances. In some cases, the quantity of the drug in one's possession may determine the seriousness of the possession charge. Possessing an amount beyond what is typical for personal use can lead to a charge of possession with intent to sell.
Drug selling offenses include activities like selling, exchanging, disposing of, giving, or agreeing to sell or transfer drugs. These laws also cover the unlawful sale of prescriptions and involving minors in drug distribution. Generally, charges for drug selling offenses are more severe than those for drug possession.
New York's drug manufacturing offenses target the production of methamphetamine, while drug paraphernalia offenses focus on the possession of materials and equipment necessary for drug manufacturing, storage, and packaging with the intent to sell. Unlawful possession of hypodermic syringes or needles is also prohibited.
Given the potential consequences of drug offenses in New York, seeking legal counsel from an experienced New York drug crimes lawyer is crucial. This step can provide valuable guidance and robust legal representation to navigate your case and minimize potential penalties.
Defenses to Drug Crime Charges in New YorkNot an illegal drug. If you have a substance that resembles a controlled substance but is not, then you have a valid defense to a drug charge. In fact there are many designer drugs that while they may cause symptoms similar to controlled substances, may not have the chemical makeup of a drug on the list of controlled substances which may mean that the drug is not illegal. A chemical lab test can show whether not the drug is a banned substance.
Lawful possession. If you are arrested for possession of a controlled substance that is a prescription drug such as OxyContin or Vicodin and you have a lawful prescription for the drug, you have a valid defense. Keep in mind, however, that it is still illegal to sell a prescription drug even if you have valid prescription.
Insufficient quantity. For certain drug crimes, a minimum amount of the drug is required. For example, for a charge of criminal possession of a controlled substance in the second degree based on cocaine, the required amount of cocaine is at least 4 ounces. If you can show that you had less than 4 ounces, then you have a valid defense to a second degree criminal possession charge. However, you may still face a lesser charge of criminal possession of a controlled substance in the third, fourth, fifth or seventh degree, depending the amount of cocaine you actually had.
Absence of "knowing" element. Drug offenses require that you "knowingly" possess, distribute, or manufacture. If you do not know what type of drug you have you may have a valid defense to a drug crime charge.
Witness or Victim of Drug or Alcohol OverdoseIt is important to get help for someone who is overdosing from drugs or alcohol. Thus, New York law provides a statutory defense to a drug crime charge if you seek health care for yourself or for someone else who has a life threatening emergency. This means that if someone becomes very sick and you call 911, if you also happen to have drugs in the room or on your person, law enforcement cannot arrest you for certain drug offenses such as drug possession. However, this exception does not apply to drug selling for consideration charges. N.Y. Pen. Law § 220.78
Unlawful Search and SeizureFourth Amendment search and seizure issues are common to drug crime cases. The Fourth Amendment to the U.S. Constitution prohibits illegal search and seizure procedures. While during a traffic stop drugs that are in plain view in a car may be seized and used as evidence, drugs seized in illegal searches cannot be entered into evidence and as a result, drug charges may had to be dismissed.
A notable case illustrating this principle is People v. Rafailov, 38 Misc.3d 1214(A)(2013). In this case, a police officer conducted a frisk of a suspect to determine if the suspect was carrying a weapon. During the frisk, the officer felt an object in the suspect's pocket, which turned out to be a box containing a controlled substance. However, the court determined that the search and seizure were illegal. The reason for this decision was that the box did not feel like a weapon, and thus, the officer did not have the legal right to remove the box from the suspect's pocket.
If you find yourself facing drug-related charges or believe your Fourth Amendment rights were violated in a drug-related incident, it is crucial to consult with an experienced drug crimes attorney in New York. They can provide you with the necessary legal guidance to protect your rights and work towards the best possible outcome for your case.
SentencingThe sentence for a drug crime conviction varies based on the classification of the drug crime, with the maximum sentence being up to life in prison for crimes such as criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree and operating as a major trafficker. All are class A-1 felonies. The most important factors that will determine your sentence are the classification of the drug crime and your criminal history. Those who are first time, non-violent offenders will receive lighter sentences than those with prior felony convictions. In addition, if you have a substance abuse problem, you may eligible for an alternative sentencing program called Drug Treatment Court.
Contact Stephen Bilkis & AssociatesPenalties for controlled substance convictions are among the most severe in New York's legal system. Nevertheless, there exist multiple legal avenues for challenging drug-related charges. This underscores the importance of promptly engaging a skilled drug crimes attorney serving New York who has experience in defending individuals accused of drug crimes. The dedicated team at Stephen Bilkis & Associates boasts years of success in representing clients within New York's criminal justice system. They possess a deep understanding of the defenses available for various drug charges. To discuss your case further, contact us at 800.696.9529 and schedule a complimentary, commitment-free consultation. Our services extend to those facing drug crime allegations across several locations, including Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.