New York Drug Crimes Attorney
New York City criminal lawyers of Joseph Potashnik & Associates PC represent clients charged with all types of drugs offenses from possession to trafficking to distribution.
A drug charge is a serious accusation with serious potential consequences. At our firm you will find skilled and experienced New York drug crimes lawyers who will be able to help you with your defense.
Drug offenses are the most commonly prosecuted crimes in New York courts. Depending on charges, persons accused of New York drug offenses may be facing anything from conditional dismissal for some marijuana possession offenses to a class A Felony.
Criminal possession of a controlled substance charges
This is probably the most commonly prosecuted drug crime in New York and our criminal defense attorneys are fully prepared to successfully defend clients charged with this crime. Criminal possession of a controlled substance may range from a misdemeanor to a Class A-1 Felony.
It is easier to be convicted of a New York criminal possession of drugs than most people think because New York law creates a presumption of possession – all they need to prove is that you were physically present in the same area as the narcotics were. The commonly used defense of “it’s not mine” may not work at all.
Criminal sale of a controlled substance
Another serious drug crime commonly prosecuted in New York is criminal sale of a controlled substance, which ranges from a clad D to a class A-I felony. It is an extremely serious offense and you need a knowledgeable New York drug defense attorney to build your defense.
In addition, we defend our clients against the following drug-related charges:
- Criminal sale of a controlled substance in or near school grounds
- Criminally possessing a hypodermic instrument
- Criminal injection of a narcotic drug
- Criminally using drug paraphernalia in the second degree
- Criminal sale of a prescription for a controlled substance
- Criminal possession of methamphetamine manufacturing material
- Unlawful manufacture of methamphetamine
New York City Marijuana Charges Defense Lawyers
Marijuana is the most used drug in the country – and in New York City. Prosecution of marijuana crimes, especially possession and use of marijuana are probably the most common criminal charges that clog New York City courts. Our New York marijuana defense lawyers represent people charged with
- Unlawful possession of marijuana
- Criminal possession of marijuana
- Criminal sale of marijuana
If you are charged with any New York drug or marijuana crime, contact us today to discuss your case. Because every case is different, we investigate the facts surrounding your arrest and determine whether we can challenge and suppress evidence seized by police.
You have constitutional rights that regulate how police should conduct searches and seizures – and arrests. When police violate these laws, evidence they collect may be suppressed and the prosecution may be compelled to drop charges or significantly reduce them.
New York Federal Drug Defense Lawyers
The U.S. Attorney’s Office in New York City routinely prosecutes certain drug offenses in federal courts. Federal drug charges often involve the following crimes:
- Drug manufacturing
- Distribution of Drugs in New York City
- Drug Trafficking
In our experience, conspiracy is a “catch all” crime that federal prosecutors use to charge almost every defendant in a federal drug case. It works as a huge net that unfortunately often catches people whose involvement with the crime was minimal, if any.
Federal sentences for most drug offenses are much harsher than state sentences, including mandatory minimum prison sentences of 5 or more years for first-time offenders in some cases.
Our New York federal drug crimes attorneys are ready to defend you from day one against these serious charges, and your defense will be as hard as it must be to obtain you the optimal result.
NY Drug Trafficking Defense Lawyer
In-spite of the fact that numerous individuals accept that “drug trafficking” is synonymous with “drug dealing,” the law applies a more extensive net. State laws on drug trafficking vary fundamentally, all states have laws that rebuff drug trafficking action.
You might be indicted drug trafficking on the off chance that you produce, transport, offer or appropriate unlawful drugs.
Then again, drug trafficking is additionally a wrong-doing of weight and estimation. Given the chance that you are found with an indicated measure of any illicit drug you could be declared guilty of drug trafficking. This is genuine regardless of the possibility that you didn’t fabricate, purchase, offer, or transport those drugs. In the event that you have drugs in your ownership and the amount you have surpasses the lawfully decided trafficking sum, you could be discovered blameworthy of drug trafficking.
Intent and Ownership. To be sentenced drug trafficking a prosecutor must demonstrate that you had the obliged measure of the unlawful drugs and that your ownership was deliberate. This implies, for instance, that you can’t be indicted drug ownership on the off chance that you lease an auto in which you later find a kilogram of cocaine covered up in the dashboard. Intentionally having drugs is sufficient to be sentenced trafficking, yet that doesn’t mean a prosecutor needs to demonstrate your state of brain, or mens rea, at the time of ownership. In the event that the circumstances demonstrate that you had the drugs in your individual ownership or had control over where the drugs were, you might be discovered liable of drug trafficking.
Amount. Drug trafficking laws rely on the measure of drugs you have in your ownership, however the particular amount varies relying upon the kind of drug. Case in point, a state’s laws may characterize weed trafficking as having 25 pounds or a greater amount of cannabis or 300 pounds or a greater amount of pot plants. Then again, the same state could characterize trafficking of cocaine as having 28 grams or a greater amount of cocaine. Whenever you have a measure of drugs over as far as possible you might be sentenced drug trafficking.
Sale, Assembling, or Development. Drug trafficking charges don’t rely on upon whether you made the drugs, sold them, attempted to offer them, or even moved them. Once more, the key question in a trafficking charge is whether you had the unlawful drug in your ownership and if the sum surpasses the point of confinement created by law.
Federal Drug Trafficking. While each one state has its own particular laws on drug trafficking, the central government likewise prosecutes drug trafficking offenses. Government drug trafficking charges can emerge at whatever point any trafficking movement crosses state lines or includes action in more than one state.
Drug Trafficking Penalties
Drug trafficking charges are intense, and anybody sentenced these criminal acts can end up confronting years or decades in jail. Despite the fact that the seriousness of the punishments connected with a drug trafficking feelings differs generally by state, all states force noteworthy punishments for drug trafficking.
Prison. Drug trafficking feelings, actually for first time guilty parties, ordinarily bring about jail sentences that last over a year. A conviction for trafficking can without much of a stretch bring about a jail sentence of 10 years or all the more, however a few states have fundamentally higher punishments than others. Life sentences are additionally workable for drug trafficking feelings.
Fines. The fines connected with a drug trafficking conviction are likewise genuine. State trafficking feelings can regularly accompany fines of $25,000 to $100,000 or more. Government drug trafficking feelings can surpass $10 million.
Probation. Probation sentences are conceivable in some trafficking cases, however regularly just as a major aspect of a request deal where the charged consents to supplication liable to a less genuine indictment. Individuals sentenced to probation need to meet particular conditions requested by the court, for example, being checked by a post trial agent, submitting to irregular drug testing, not leaving the state without the post trial supervisor’s consent, and not contravening any more laws. Probation sentences generally last no less than 12 months, and sentences of three years or more are conceivable.
Mandatory Least Sentences. Drug trafficking laws frequently force compulsory least sentences. This implies that an individual sentenced must serve a tagged measure of time and can’t be discharged on parole until that time has passed. On the off chance that, for instance, you are sentenced to 10 years in jail for drug trafficking and your state has a three year minimum , you will do the three years.
New York drug distribution laws are among the toughest in the nation. NY drug trafficking laws also have a reputation for being complicated and convoluted. The assistance of an experienced drug trafficking lawyer is essential when responding to a drug distribution or trafficking charge. Joseph Potashnik & Associates PC led by attorney Joseph Potashnik, is a unique law firm with an unmatched record of success. Joseph Potashnik and Associates PC provides confidential consultations, assigns an attorney to every case and knows how to fight NY Drug Distribution, Trafficking and Manufacture charges.
New York’s drug trafficking offenses and associated penalties are described in Article 220 of the New York Penal Code. Specifically, it is illegal to sell, distribute or manufacture a controlled substance in the state of New York. New York public health law identifies seven categories of controlled substances:
- Narcotic drugs
- Narcotic Preparations
- Hallucinogenic substances
- Dangerous depressants
New York state criminal law includes six felony categories for merely possessing a controlled substance. More often than not, the sale of illegal drugs is dealt with even more severely. The sale of a controlled substance is divided into five degrees of severity. Among the factors that determine the degree of criminal charge are the following:
- The type of controlled substance involved
- The quantity of the substance
- The purity of the substance
- Whether the sale occurred in the vicinity of a school
- Whether the defendant was previously convicted of an Article 220 offense
Article 220 Convictions
The prosecution must prove that the defendant knowingly sold a controlled substance in order to obtain a fifth-degree conviction, the least severe of the available criminal charges. The prosecution must also demonstrate that the defendant intended to transfer an illegal substance as part of an agreement or offer to complete an illegal drug sale. Finally, it must be shown that the defendant possessed the ability to complete the illegal transaction.
The prosecution bears the responsibility of proving the guilt of a criminal defendant beyond a reasonable doubt to obtain an Article 220 conviction. The prosecution will rely on incriminating circumstances, the terms of the alleged offer to sell a controlled substance and the defendant’s previous involvement in drug related activities to secure a conviction. An experienced criminal defense lawyer will thoroughly investigate the circumstances that resulted in a criminal complaint. The defense must aggressively challenge the weakest elements of the prosecution’s case, including any illegal procedures that were employed to obtain damaging evidence.
Drug paraphernalia crimes are more common than most people think. Many people receive citations for drug paraphernalia even when they believe that they have disposed of an illegal substance. Unfortunately, some innocent parties receive citations for drug paraphernalia, as well. These persons may not know that their friends or passengers were carrying something illegal in their cars. The penalties for a paraphernalia charge can affect a convicted person in several ways. One of the most embarrassing aspects of such a charge is the risk that a potential employer may find out about it in the future. The following contains some crucial information about drug paraphernalia:
What Is Drug Paraphernalia?
Drug paraphernalia is a term that describes items that a person may use to ingest, smoke or snort drugs. Examples of drugs that a person may have drug paraphernalia for are crack cocaine, powered cocaine, methamphetamine and marijuana. The state does not have an “official” list of items that the courts consider as paraphernalia, and even if it did, such a list would not be exhaustive. Any item that can be used to introduce drugs into the system may qualify for a drug paraphernalia charge. Items in which a consumer can hide drugs may qualify as drug paraphernalia, as well. The arresting officer would have to make a decision to issue a citation based on certain criteria.
Examples of Drug Paraphernalia
Companies manufacturer paraphernalia for all of the previously mentioned drug items. Sometimes, consumers create their own drug paraphernalia, and they can receive criminal charges for doing such. A glass pipe is an example of drug paraphernalia that a person can buy. Some people create pipes from breaking old style television antennas. Rolling papers are examples of items that a police offer may decide that a person is using as drug paraphernalia. Getting a charge to stick for rolling papers may be difficult, however, because stores sell them so that consumers can roll cigarettes to smoke.
Bongs are another example of drug paraphernalia. Bongs are bowls with long necks that people use to smoke cannabis. Some household items can be used as drug paraphernalia when people do not have enough money to purchase paraphernalia from a store. Examples of such paraphernalia are soda can and bottles and aluminum foil. Razor blades, mirrors and rolled up dollar bills are items that people sometimes use to snort marijuana and other drugs. Additionally, drug users may use small spoons to cook cocaine and transform it into crack cocaine.
Penalties for Drug Paraphernalia Charges
Drug paraphernalia convictions can sometimes be a severe as the actual drug charges can be. An accused person should speak with a legal professional about the charge so that the attorney can assist. The prosecuting party will have to prove several things before the judge will convict an accused person. First, the prosecutor will have to prove that the person intended to use the paraphernalia to use or conceal drugs. As previously stated, manufacturers created some items for reasons that have nothing to do with drug consumption, but people use them for drugs anyway. The prosecutor will need to show that the paraphernalia was near illegal drugs, as well.
The penalties for drug paraphernalia vary with each case. Persons who are first-time offenders will be charged with a Class A misdemeanor. They can receive fines of up to $1,000 and jail time of up to one year. Subsequent offenders are subject to fines of up to $5,000 and jail time of up to two and a half years. A paraphernalia charge is a serious offense that requires the assistance of a law firm that has some winning defense cases on its record.
Call for a Case Evaluation
Joseph Potashnik and Associates PC is the perfect law firm to contact for a New York drug cases. We will provide you with a case evaluation so you can see how our attorneys can help. Joseph Potashnik and Associates PC has decades of experience, and they know the ins and outs of drug laws in the New York area. They have the tools necessary to challenge a charge and keep the defendant from ending up in jail. An interested party can contact someone at the firm today and schedule a free consultation. The number to schedule an appointment is 212-577-6677