Charged with Drug Possession in New York City (NYC)?
The possession of certain illegal drugs is a crime under both state and federal law. It is not necessary for a person charged with possession to have done anything other than intentionally had in their possession controlled substances such as cocaine, marijuana or any other substances used to make illicit drugs. A prosecutor must prove that the individual charged intentionally had the drug in their possession and was aware that it was in their possession. Drug possession charges are normally classified as simple possession (for personal use) and possession with the intention to sell or distribute. The latter carries much stiffer penalties. The amount of substance found and the prior record of the person charged are factors that are used to determine the severity of the crime and the penalties, if convicted.
If you have been charged with possession you should immediately seek legal assistance from a Manhattan criminal attorney. It is important that you have legal counsel before you speak with law enforcement about the circumstances surrounding the charges. A skilled possession lawyer commonly finds that the person charged with the crime of possession had no knowledge of the drugs found in their car or home. Sometimes an unlawful search and seizure can be used to get all charges dropped completely.
Common Defenses Used by a Drug Possession Lawyer
In addition to what was mentioned above, a knowledgeable defense attorney will know to ensure that prosecutors are able to produce the actual drugs that their client allegedly possessed. When these drugs are lost or cannot be produced for independent analysis by your defense lawyer, it may be possible to have the case dismissed.
It is sometimes possible to prove that the drugs were planted or that the substance seized was not in fact the drug that it was claimed to be.
If you have been charged with a drug crime possession charge call Michael Redenburg, Esq. at (212)240-9465 to discuss your defense.