Brooklyn Drug Possession
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According to the New York Police Department and the federal DEA, a large amount of drug trafficking occurs in New York. Because of the large multinational population, law enforcement closely monitors these activities around the city. Law enforcement pays particular attention to Mexican and Columbian drug cartels, which are suspected to be responsible for a large degree of the illegal drug activities that go on in New York. Every year, thousands of pounds of illegal drugs are shipped into the city by air, sea, truck and the U.S. Postal Service. In order to apprehend these individuals, police will often pursue smaller street dealers in order to reach the bigger drug suppliers. If you have been charged with drug possession contact a Brooklyn Drug Possession Lawyer from Stephen Bilkis & Associates, PLLC today. If you are convicted, the consequences of this crime can be serious.
Between 2000 and 20007, the city of New York reported 200,000 misdemeanor drug related offenses and over 30,000 felony arrests. The drugs involved in these crimes range from oxycontin, to marijuana and everything in between. A large majority of these arrests result in a conviction for the defendant, and serious legal consequences. If you have been charged with a drug crime, it is important to speak with legal counsel from our team right away. Your lawyer may be able to make a plea bargain with the District Attorney, which can result in an alternative sentence such as a drug treatment program.
A drug offense is prosecuted based on what type of drug is involved, the quantity and the particular circumstances of the case. The sentence one can receive will also depend on whether the defendant has a prior criminal record. Often if the defendant is charged with possession alone, the court will consider the crime a misdemeanor. A misdemeanor is a crime that is punishable by one year or less in jail, and a monetary fine. Felony offenses would include crimes involving possession of a large quantity of drugs, or the distribution and manufacture of drug such as heroin, hallucinogens, LSD and amphetamines.
In New York, a controlled substance is defined as “any substance listed in schedule I, II, III, IV, or V in section 3306 of the public health law other than marijuana, but including concentrated cannabis.”
Types of Possession
There are many ways a defendant can be charged with possession of a drug, some of which are less obvious as others. For instance, someone can be charged with illegal possession even though the individual did not physically have drugs on their person.
If you are in a confined area and illegal drugs are found, such as in a vehicle or apartment, you can be considered to be in possession under the legal concept of presumptive possession.
If you are keeping drugs in a place that is under your exclusive dominion and control, you are considered to be in constructive possession.
In every case, the discovery and collection of evidence is crucial to its outcome. Always remember that what could seem initially like acceptable behavior by police, may not necessarily be by the book. If drugs were seized following a search and seizure and there were procedural mistakes made during the process, you case could be thrown out. That is why it is so important that you speak with a member of our legal team as soon as possible after your arrest.
If you have been charged with a drug offense such as Marijuana Possession, heroin possession, or cocaine possession, contact our team to ensure that your rights are protected. We have office locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, and Westchester County. Call us today to schedule a free consultation at 1.800.NY.NY.LAW.