It may come as no surprise, but according to the NYPD, the Federal DEA and local law enforcement, a great deal of drug trafficking goes on throughout New York. Due to the sizable multinational population, law enforcement watches the city very carefully. Police focus their attention on Columbian and Mexican drug cartels, which are thought to be responsible for a large portion of the sale and distribution of illegal drugs that goes on in our city. Each year, thousands and thousands of pounds of drugs are shipped into New York though the U.S. Postal Service, by truck, by sea and by air. In efforts to apprehend these perpetrators, law enforcement will often set their sights on smaller street dealers, in effort to get a lead to catch the bigger suppliers. If you or a loved one has been charged with drug possession, speak with a Suffolk County Drug Possession Lawyer from the law offices of Stephen Bilkis & Associates, PLLC. The penalties you could be facing are serious, and can include jail time and significant fines.
Between the years of 2000 and 2007, New York City reported approximately 200,000 misdemeanor drug offenses and well over 30,000 felony arrests. The drugs involved ranged from heroin, to oxycontin to marijuana and more. A vast majority of the arrests resulted in a conviction for the defendant, and serious consequences. It is crucial to obtain legal counsel as soon as possible if you have been arrested, as your lawyer may be able to negotiate an alternative sentence for you such as drug treatment program, which will keep you out of jail.
Drug offenses are prosecuted based on the amount of the drug involved, the type, and the severity of the crime. The sentence can also be affected by a defendant’s prior criminal record. Often if the defendant is charged with only possession, the court will deem the offense a misdemeanor. Misdemeanors are punishable by up to one year in jail and a fine. Felony drug offenses would include matters such as possession of large amounts of a drug, or the manufacture and distribution of a controlled substance such as LSD, amphetamines, heroin and hallucinogens.
The state of New York defines a controlled substance as “any substance listed in schedule I, II, III, IV, or V in section 3306 of the public health law other than marijuana, but including concentrated cannabis.
Types of Possession
There are various ways someone can be charged with possession, some of which aren’t as obvious as you might think. For instance in some cases, you can be charged with possession even though you aren’t physically carrying them with you.
Constructive PossessionIf you are in possession of drugs, and they are kept in a place where you have dominion and control, you are in constructive possession.
Presumptive Possession
If you are in a confined area and drugs are present, such as in a car or home, you could be held in possession pursuant to the concept of presumptive possession.
In every drug possession case, the collection and discovery of evidence is very important. Always be aware that what my seem like acceptable behavior by law enforcement may not necessarily be by the book. If drugs were seized from you following an illegal search and seizure, the evidence collected against you could be thrown out. That is why it is imperative that you contact our legal team as soon as possible.
If you have been charged with a drug crime such as Heroin possession, marijuana possession or Cocaine Possession, contact our firm for sound advice and a free consultation. We have offices located throughout New York City for your convenience, including locations in Queens, Manhattan, Brooklyn, the Bronx and Staten Island. We also have offices in Nassau County and Suffolk County on Long Island and Westchester County. Contact us today to schedule your free consultation at 800.696.9529.