Being accused of using drugs in New York is terrifying for many reasons. In New York, many drug offenses are felonies, which means a person convicted of one could spend years in jail.
The state’s drug laws are continually changing. It can be difficult to understand why someone might be charged criminally for possessing one kind of substance while being subject to a civil punishment for another. Contact a New York drug attorney immediately if you are charged with using drugs. A skilled and the best narcotics lawyer (crime/drug lawyer) can create a compelling argument on your behalf.
Contact the McCord Law Firms if you’re looking for a drug defense attorney in Nassau County, New York, with the expertise, know-how, and resolve to achieve outcomes.
What Crimes Against Drugs Are Considered in Nassau County, New York?
Drug offenses can take many different forms. Possession of illicit controlled substances, such as: is prohibited by both state and federal drug possession statutes.
- • Marijuana
- • Methamphetamines
- • Crack
- • Cocaine
- • LSD
- • Vicodin
- • Oxycodone
- • OxyContin
- • Ecstasy
- • Club drugs
- • Heroin
In addition to several other drug-related offenses, it is unlawful to use or possess painkillers without a prescription, such as narcotics in your possession with the intent to sell them to others, cultivate or manufacture drugs on your property, and transport illegal drugs across the state and national boundaries.
If the police discover you have “paraphernalia”—items like bongs, syringes, etc.—connected to drugs, you could still be guilty of a criminal felony.
Possession of Other Narcotics
Naturally, marijuana is not the only substance under regulation in New York City. Other narcotics and prescription pharmaceuticals are still illegal without a doctor’s note. Possession of a controlled substance in the seventh degree is a Class A misdemeanor, according to New York Penal Law 220.03.
As the amount in possession increases, these charges can become more serious. In addition, the charges a person may experience depend on the kind of substance they have. Depending on the case’s specifics, a New York City drugs crime attorney may be able to explain why a person is being charged with a particular drug possession offense.
What Type of Defenses Can Be Used When Facing a Possession Charge?
Your Drug defense attorney in Nassau County will examine the facts of the case and assist you in determining which defenses could be most appropriate for your situation if you are accused of possessing drugs or another restricted substance.
Four aspects of a case must be proven for a possession charge to be upheld in court:
- The defendant possessed the substance
- The substance was on the schedules for controlled substances
- The defendant knowingly possessed the substance
- Possession of the substance was not lawful
Common defenses used in possession cases include:
A Lack of Knowledge
The defense of ignorance may be used if the defendant was unaware that the substance was in their possession. This defense is more likely to be successful when a minor amount of the material is discovered in a car or a piece of clothing that another person had access to.
Lawful Possession
This defense applies when a person has a legal right to use the medicines. When this defense is employed, a court will frequently dismiss possession charges if the prosecutor can show a valid prescription for the controlled substance.
Prosecutors might assume that a person was using a prescription to get access to drugs they meant to sell or distribute; nevertheless, if they find a sizable amount of the substance on their person or in their possession.
Infancy
If the defendant is under the age of 16, a Nassau County drug crime lawyer could be able to have the accusations of possession dropped and the punishments overturned based on their youth. However, the person may frequently need to go to substance abuse counseling.
Your Drug defense attorney in Nassau County will examine the facts of the case and assist you in determining which defenses could be most appropriate for your situation if you are accused of possessing drugs or another restricted substance.
Four aspects of a case must be proven for a possession charge to be upheld in court:
- • The defendant possessed the substance
- • The substance was on the schedules for controlled substances
- • The defendant knowingly possessed the substance
- • Possession of the substance was not lawful
Common defenses used in possession cases include:
A Lack of Knowledge
The defense of ignorance may be used if the defendant was unaware that the substance was in their possession. This defense is more likely to be successful when a minor amount of the material is discovered in a car or a piece of clothing that another person had access to.
Lawful Possession
This defense applies when a person has a legal right to use the medicines. When this defense is employed, a court will frequently dismiss possession charges if the prosecutor can show a valid prescription for the controlled substance.
Prosecutors might assume that a person was using a prescription to get access to drugs they meant to sell or distribute; nevertheless, if they find a sizable amount of the substance on their person or in their possession.
Infancy
If the defendant is under the age of 16, a Nassau County drug crime lawyer could be able to have the accusations of possession dropped and the punishments overturned based on their youth. However, the person may frequently need to go to substance abuse counseling.
How a New York City Drug Attorney Can Help
The marijuana and drug regulations in New York are intricate. Whether a person is charged with a major criminal offense or a civil fine depends on the precise amount they are believed to have held.
The stakes are high whenever someone is accused of a drug-related offense because many of these crimes are felonies. Call a Nassau County defense lawyer for drug cases immediately if you’ve been accused of a crime for knowledgeable legal assistance.
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