New York law enforcement, the NYPD and the Federal DEA would all agree a large amount of drug trafficking goes on throughout New York. Because of the significant multinational population, drug enforcement officers monitor the city very carefully. Police often focus on Mexican and Columbian drug cartels, who are believed to be responsible for the sale and distribution of large amounts of illegal drugs. Every year, thousands upon thousands of pounds of illegal drugs are shipped into NYC via mail, truck, boat and through the U.S. Postal Service. In order to apprehend these distributors, police will often focus their efforts on apprehending smaller street dealers, in hopes that they will lead them to the larger suppliers. If you have been charged with drug possession, it is important to speak with a Nassau County Drug Possession Lawyer from Stephen Bilkis & Associates, PLLC as soon as possible. The penalties you could be facing are serious.
Between 2000 and 2007, New York reported an average of 200,000 misdemeanor drug arrests and well over 30,000 felony drug arrests. The drugs involved included everything from marijuana, to oxycontin to cocaine and more. A large majority of these arrests result in a conviction for the defendant, and serious penalties. It is important to obtain legal guidance as soon as possible after being arrested, as our legal team can often negotiate an alternative sentence for these crimes such as a drug treatment program instead of jail.
Drug crimes are prosecuted based on the type and amount of the drug involved, the intent of the defendant, and the severity of the offense. The sentence can also be affected if the defendant has a prior criminal record. If the defendant is charged with only drug possession (and not with the intent to distribute), the court will often consider this a misdemeanor. Misdemeanors are punishable by a maximum of one year in jail, and a monetary fine. Felony offenses would include things like delivery, possession, distribution and manufacture of a controlled substance such as hallucinogens, LSD, heroin and amphetamines.
New York defines a controlled substance as “any substance listed in schedule I, II, III, IV, or V in section thirty three hundred and six of the public health law other than marijuana, but including concentrated cannabis.”
Types of PossessionThere are many different ways an individual can be charged with possession, and many do not realize you do not have to actually have the drugs on your person.
Presumptive Possession: If you are in a confined space such as a car or an apartment with other people and drugs are found, you could be charged with presumptive possession. Constructive Possession: The concept applies if it is found that you are in exclusive dominion and control of an area and drugs are found.
In every case of possession, the discovery of evidence is critical. It is also important to be aware that what can initially seem like acceptable behavior by police may not be. If drug were seized following an illegal search, the evidence gathered against you could be thrown out. This is why it is so important to contact our legal team at your first opportunity. The sooner we start working on your case, the better chances you have of a successful outcome.
If you or a loved one has been charged with a drug crime such as Cocaine Possession, heroin possession or other drug crime contact us for legal support and a free consultation. We have offices to serve you throughout the New York area, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, as well as in Westchester County. Call us today to schedule your appointment at 800.696.9529.