Queens Drug Possession
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NYPD, New York law enforcement and the Federal DEA would all agree that New York City is a very popular drug trafficking center for not only U.S. but worldwide. Due to the large multinational population in New York, drug enforcement officers monitor the city very closely. Law enforcement focuses much of their attention on Columbian and Mexican drug cartels, who are largely responsible for the distribution of large quantities of illegal drugs. Each year, thousands of pounds of drugs are shipped into New York via boat, train, by mail and truck. Police make a practice of targeting smaller street dealers in efforts to reach the larger importers they are associated with. If you or a family member has been charged with drug possession, it is important to seek legal guidance as soon as possible. You could be facing very serious penalties. Speak with a skilled New York Drug Possession Lawyer from Stephen Bilkis & Associates, PLLC for guidance today.
Between years 2000 to 2007, New York averaged 200,000 misdemeanor drug arrests and over 30,000 felony drug arrests. The drugs involved in these arrests ranged from cocaine, to marijuana to oxycontin. Other drug arrests include the illegal use of prescription pads as a mean to obtain illegal narcotics. A vast majority of these arrests result in a conviction with serious consequences for the defendant. Our legal team is often able to negotiate a drug treatment program for our clients in lieu of jail time. But it is important to call us as early on in your legal proceedings as possible.
In New York, drug crimes are prosecuted based on the severity of the offense, the defendant’s intent, and the type and class of the drug. If the defendant has prior violations on record, this can also influence the sentence they receive. If the defendant is charged with drug possession without the intent to distribute the drug, the court will consider this offense in many instances to be a misdemeanor offense. A misdemeanor is punishable by up to one year in jail and a monetary fine. Felony offense would include things like possession, delivery, distribution and manufacture of a controlled substance such as heroin, hallucinogens, LSD, and amphetamines.
The state of New York defines a controlled substance as “any substance listed in schedule I, II, III, IV, or V section thirty three hundred six of the public health law other than marijuana, but including concentrated cannabis.”Types of Possession
There are a multitude of ways someone can be charged with possession, even if they don’t actually have illegal drugs on their person. Charges may include:
- Constructive possession: This legal concept will apply if it is determined that you are in dominion or control of drugs that are in an area where you exercise exclusive control or that are near you.
- Presumptive possession: If you are in a confined area such as an apartment or vehicle with other people and drugs are found, in certain circumstances it can be determined that you are in presumptive possession of the drugs.
In every possession case, the discovery of evidence is crucial. Additionally it is important to be aware that what may appear like acceptable behavior by law enforcement may not be. If illegal drugs were seized as the result of an unlawful search, the evidence obtained may be suppressed or thrown out. This is why it is important to speak with our legal team as soon as possible after you have been charged.
If you or a family member has been charged in a drug crime, contact our firm for support and a free consultation. We have offices to serve you throughout New York, including locations in the Bronx, Brooklyn, Queens, Manhattan and Staten Island. We also have locations in both Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today at 1.800.NY.NY.LAW.