New York Drug Seizure
One of the primary ways that police collect evidence that leads to a drug crime charge is by conducting a search of a suspect's home, vehicle or person. However, police cannot legally search anyone or anyplace whenever they so desire. The Fourth Amendment to the United States Constitution prohibits the government, meaning law enforcement, from unreasonable search and seizures of the property of private citizens. This means that the police must have a good, legal reason for searches. If they do conduct an illegal search of your person or your property and in doing so find marijuana or a controlled substance, they cannot use it as evidence of a drug crime. Unfortunately, illegal searches happen frequently resulting in arrests and prosecutions that should never have occurred. If you were the subject of a search and seizure that lead to you being arrested for a drug crime, immediately contact an experienced New York drug crimes lawyer who understands Fourth Amendment rights and who will work closely with you to develop a strong defense to the charges against you. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.Fourth Amendment rights
The Fourth Amendment safeguards people against warrantless searches and seizures of property. A lawful search or seizure requires "a reasonable belief that a person has committed a crime" and written permission from a judge in the form of a warrant. A judge is not permitted to issue a warrant unless there is probable cause. For probable cause to exist, circumstances must show that the object of the search is likely to be where law enforcement thinks it is.OxyContin possession crimes
In New York it is against the law to possess OxyContin and other brands of oxycodone without a lawful prescription. If you do, you can be charged with criminal possession of a controlled substance in the seventh degree. This is the only OxyContin possession charge that is not a felony. It is a class A misdemeanor. The maximum possible sentence is up to 1 year in jail. N.Y. Pen. Law § 220.03
There are several possession crimes that are felonies. Each has steep possible sentences. Criminal possession of a controlled substance in the fourth degree is the charge you will face if you have at least 1/8 ounce of OxyContin other narcotic drug. It is a class C felony with a possible sentence of up to 15 years in prison. N.Y. Pen. Law § 220.09. If you have at least .5 ounce of a OxyContin or other narcotic drug you will face the charge of criminal possession of a controlled substance in the third degree . It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16.
Once you possess at least 4 ounce of OxyContin, you face the possibility of going to prison for the rest of your life. If you have at least 4 ounces of OxyContin or other narcotic drug the charge will be criminal possession of a controlled substance in the second degree . It is a class A-II felony with a possible sentence of up to life in prison. N.Y. Pen. Law § 220.18. Similarly, if you have at least 8 ounces of OxyContin or other narcotic drug you will be charged with criminal possession of a controlled substance in the first degree . This is a class A-I felony that also carries a maximum possible sentence of up to life in prison. N.Y. Pen. Law § 220.21Sale of OxyContin offenses
Being a drug dealer is considered to be a much more serious offense than drug possession. Each selling offense is a felony. Criminal sale of a controlled substance in the third degree is the minimum charge that you could face for selling OxyContin or any other narcotic drug. N.Y. Pen. Law § 220.39. It is a class B felony. The possible sentence is up to 25 years in prison. If you sell .5 ounce of a narcotic drug you will face a charge of criminal sale of a controlled substance in the second degree, a class A-II felony. N.Y. Pen. Law § 220.41. If convicted, the maximum sentence is life in prison. You will also face a life sentence if you sell at least 2 ounces of a narcotic drug. The charge would be criminal sale of a controlled substance in the second degree, a class A-I felony. N.Y. Pen. Law § 220.43
Doctors and medical professional could face a charge related to unlawfully issuing a prescription. Criminal sale of a prescription for a controlled substance is the knowing and unlawful selling of a prescription for a controlled substance. It is a class C felony. N.Y. Pen. Law § 220.65
Intent to sell OxyContin or any other narcotic drug can be deduced from the amount of the drug that you possess. If you have an amount of narcotic drug that the police determines is too much for personal use, then you not only will you face a OxyContin selling charge, you will also face the charge of criminal possession of a controlled substance in the third degree. It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16Penalties for a OxyContin drug crime conviction
The penalty that you receive for an OxyContin drug crime or a crime related to other brands of oxycodone will depend on factors such as the classification of the crime and your criminal record. If you have one or more prior felony convictions the judge will be required to follow minimum sentencing guidelines. On the other hand, if this is you are first time offender you will likely receive a relatively light sentence.
Oftentimes those who commit crimes related to prescription painkillers such as OxyContin are addiction to painkillers. As part of an alternative sentencing program, New York offers eligible defendants with substance abuse problems to participate in Drug Treatment Court as part of their sentences. Some of the eligibility requirements include:
- You must have a substance abuse problem
- Your substance abuse problem is a contributing factor to your criminal activity
- You must be likely to benefit from the Drug Treatment Court program
- You must not have had a violent felony conviction in the last 10 years
- Your pending criminal charge must be a B, C, D, or E felony
If you are invited to the program, you must plead guilty to the pending criminal charges. You will then start the program. If you successfully complete the program, then the judge will take this into consideration when sentencing you for your pending charge.Contact the Law Offices of Stephen Bilkis & Associates
If you are convicted of a drug crime related to OxyContin or another form of oxycodone, you could be sent to prison for many years. Penalties for OxyContin crimes tend to be harsh, involving years in prison. You will also end up with a criminal record that includes a felony drug conviction. Because of these potential consequences of a conviction, if you have been charged with an OxyContin drug crime, you should immediately contact an attorney who has experience defending those accused of crimes related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of prescription drug crimes, OxyContin crimes, drug possession, drug distribution, drug manufacturing, and other drug offenses. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.