The New York Police Department, along with Federal DEA officers would all agree that the state of New York is a very popular drug trafficking center. Due to the state’s large multinational population, drug enforcement officers keep a close eye on NYC. Local and federal law enforcement make a point of focusing on Columbian and Mexican drug cartels, who are thought to be responsible for wholesale drug activity. Thousands of pounds of drugs are shipped into the city annually, including such drugs as cocaine, marijuana and various narcotics. These drugs enter the state via truck, boat, airplane, and through the U.S. mail. Commonly, law enforcement will make a point of targeting smaller street dealers in efforts to reach their major suppliers. If you or a family member has been charged with a drug crime, it is important that your legal interests are protected. The consequences for these crimes are very serious. Speak to a qualified Staten Island Drug Possession Lawyer from Stephen Bilkis & Associates, PLLC today. We will offer you sound legal guidance and a free consultation.
In New York, a drug crime is prosecuted based on the severity of the offense, the type of drug involved, the defendant’s intent, and their criminal record. If the defendant is charged with possession but there is no intent to deliver or sell the substance, the crime would often be punishable as a misdemeanor. This would bring the defendant up to a year in jail, as well as fines and probation. A felony offense would include matters of possession and delivery of a controlled substance including drugs such as LSD, heroin, cocaine and hallucinogens.
The state of New York defines a controlled substance as “any substance that is listed in schedule I, II, III, IV or V of section thirty three hundred and six of the public health laws other that marijuana, but will include concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty three hundred and two of such law.
Common Types of Possession
There are a myriad of ways a defendant can be charged with possession. Interestingly, a person can be charged with possession even when the drugs are not on their person. These types of possession can include:
Presumptive Possession: This theory can apply is for instance you are in a car or home with other people and drugs are found. Under certain circumstances, everyone involved can be charged with possession.
Constructive Possession: If it can be proven that you are in exclusive dominion and control of an area where drugs are found, you can be charged with constructive possession.
With any possession charge, the discovery of evidence is crucial. Also it is important to keep in mind that what may appear to be reasonable behavior by law enforcement may not be. If for instance drugs were seized pursuant to an unlawful search, the evidence can be suppressed and the case could be dismissed. This is why it is so important to have a qualified legal team working on your behalf.
If you or a loved one has been charged with drug possession contact our office for advice and a free consultation. We have offices to serve you throughout New York, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in both Suffolk County and Nassau County on Long Island, as well as Westchester County. Contact us today to schedule your free consultation at 800.696.9529.