Drug possession charges in NYC are not something to be taken lightly, as they may greatly impinge on one's personal life, career potential, and opportunities that may arise in the future. Whether charged with a misdemeanor or felony, it is important that one knows his/her rights and the legal avenues available to him/her in such circumstances. With the right approach and expert legal representation, like that from the Spodek Law Group, you can effectively defend yourself and, where possible, reduce or dismiss your charges. This article will give you insight into how you can defend yourself against drug possession charges in NYC and what steps you can take to protect your rights.
Types of Drug Possession
In New York, charges of drug possession span from misdemeanors to felonies depending on which substance is involved and in what amount the defendant had in their possession and what reason, if any existed for intent to distribute. Common possession charges include simple possession, possession with intent to distribute and possession of drug paraphernalia. Each one offers different types of penalties; felonies often present prison time with a heavy fine.
Classification of Drugs
New York classifies drugs into various schedules that outline the severity of punishment. As expected, the punishment for drugs in Schedule I, which includes heroin and ecstasy, is the most severe, while Schedule V drugs fall under the less serious category. The kind of drug you are found in possession of will say a lot about the possible punishment you will face.
Possible Drug Possession Punishment
Sentences for drug possession in NYC vary depending on the type of drug, the amount on a person, and whether it is a second offense. Charges may be misdemeanors and include fines and community service, but felony convictions can include prison time, hefty fines, and probation. Additionally, since drug possession will probably blemish your criminal record, you may face an issue obtaining good employment or housing, and obtaining bank loans.
Steps After the Charge
Stay Calm and Claim Your Rights
If arrested for possession of drugs, you should be calm and cooperative with the arresting officers. Meanwhile, you should assert your right not to say anything and to request a lawyer right away. All that you state can be used in court against you. For this reason, one should not utter any word before a lawyer.
Consult an Expert Lawyer
Of all things one can do following an arrest, finding and hiring a good defense attorney, such as the ones from Spodek Law Group, is very pertinent. Being highly seasoned in drug possession cases across NYC, they would be able to guide the defendant through all steps of the legal process, assess their case, and raise a quality defense on behalf of the defendant. He will Analyse the evidence presented, check if there were any violations of constitutional rights, and investigate all possible defenses.
Common Defenses to Charges of Drug Possession Illegal Search and Seizure
The most powerful defense of drug possession is that the search and seizure that resulted in your arrest was not legal. Under the Fourth Amendment, you have the right to be protected against unreasonable searches and seizures. If the police illegally searched you without probable cause or a warrant, this evidence is inadmissible in court, and this may just get your case dismissed.
Lack of Knowledge
Another common defense that can be used against the charges of drug possession includes ignorance of the fact. The concept behind this kind of defense is based on the fact that the suspect was not aware of the fact that he was in possession of drugs. Suppose you are driving your friend's car and drugs appear in the glove compartment; you might be able to argue that you did not know the drugs were present. Evidence to support this can be retrieved with the help of attorneys at the Spodek Law Group.
They Were Not Your Drugs
Where the place of arrest occurred with more than one person, there is a chance to argue that the drugs are not yours. This kind of defense is particularly successful where the drugs were found in an area that others shared, such as an apartment or car. If you can be proved not to have possessed control of the drugs, the prosecution may not be able to charge you with the offense.
Chain of Custody Issues
The prosecution needs to prove that drugs presented in court are, in fact, the substances seized upon your arrest. Any breach in the chain of custody-that is, how the drugs were handled and stored by law enforcement-can create reasonable doubt as to the integrity of the substance. Any seasoned attorney from Spodek Law Group will now carefully look at the chain of custody for any inconsistencies to use on behalf of the defense.
Plea Bargain Negotiations
Sometimes it may be possible for your lawyer to work out a plea bargain with the prosecutor that will result in either lesser charges or a lighter sentence. Suppose you are charged with felony possession of drugs. Possibly your attorney can negotiate with the prosecutor for a lesser charge of misdemeanor, so long as you plead guilty to the charge. Spodek Law Group lawyers are skilled negotiators who, if the situation presents itself, will secure the best possible outcome for your case.
Undermining the Prosecution's Case
The seasoned attorney then examines the prosecution's evidence as well as its witnesses for any weaknesses in their argument. This can take the form of after-the-fact impeachment of arresting officers, challenging forensic evidence, or raising questions regarding inconsistencies in the prosecution's narrative. The more doubt your attorney can raise concerning the prosecution's case, the better chance there is of reasonable doubt and, thus, a possible acquittal.
Alternative Sentencing
Alternative sentencing may include placement in a drug treatment program or performance of community service for first-time offenders or those charged with minor offences related to possession of drugs. Such programs allow the defendant to avoid jail time and can even result in dismissal of charges once the program is completed. Spodek Law Group's lawyers can assist you in reviewing any available alternative sentencing and arguing that you qualify for such treatment before a judge.
Why Choose Spodek Law Group
A Proven Track Record of Success
Spodek Law Group has built a reputation over the years in successfully defending clients against NYC drug possession charges. Their attorneys know New York's drug laws inside and out, anything from taking or carrying drugs to more serious charges like drug selling or trafficking. They know their way around the legal system in the city to get the most desirable results. You can be sure your case is in excellent hands with them.
Personalized Legal Strategies
No two drug possession cases are alike, and the lawyers at Spodek Law Group make it a point to tailor their legal approach according to the facts of your case. Whether it is a misdemeanor or a felony, they will share in the burden of your case by listening to what you want to accomplish and develop a well-grounded mechanism of defence that protects your rights.
Caring about the Client
Generally, facing drug possession charges can be daunting. Spodek Law Group approaches such cases as tenderly as possible. They understand the stress and anxiety that accompany criminal charges, and they work to make it easy for you to face such a situation with confidence.
Conclusion
Filing charges for drug possession in NYC calls for a strategic and knowledgeable approach. The partnership with an experienced attorney, such as at Spodek Law Group, will protect your rights and create the best possibility of a positive outcome. Whether fighting against an illegal search, negotiating plea bargains, or looking to other sentencing options, having the right legal representation makes all the difference in your defence.
