Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
Last Updated on: 21st October 2023, 08:47 am
Getting charged with drug possession can be an incredibly stressful and frightening experience. The penalties for drug crimes are severe, and a conviction can negatively impact your life for years to come. That’s why it’s absolutely critical to have an experienced criminal defense attorney on your side if you are facing drug possession charges.
In this article, I want to walk you through some of the most effective strategies for defending against drug possession charges. My goal is to provide you with helpful information so you understand your options and legal rights. Having this knowledge can make navigating the criminal justice system much less intimidating.
One of the most common and effective ways to get drug charges dismissed is to challenge the legality of the search and seizure. The 4th Amendment of the U.S. Constitution protects citizens against unreasonable searches and seizures.
If the police violated your 4th Amendment rights when they searched you or your property and found drugs, any evidence collected during that search could be suppressed. This means the prosecution wouldn’t be allowed to use that evidence against you in court.
Some common 4th Amendment violations in drug cases include:
An experienced drug crimes lawyer will thoroughly investigate the circumstances of your arrest and build the strongest possible argument to get the evidence suppressed. If the motion is successful, the prosecution’s case will crumble and the charges will likely be dismissed.
To convict you of drug possession, the prosecution has to prove you actually or constructively possessed the drugs. Actual possession means the drugs were found on your person or in your belongings. Constructive possession is when the drugs were in a location you controlled access to, like your house or car.
Many drug possession cases rely on arguments about constructive possession. If other people had access to the area where the drugs were found, your attorney can argue the prosecution can’t prove the drugs belonged to you.
Some examples of fighting constructive possession:
By casting doubt on whether you actually possessed the drugs, your lawyer may be able to get the charges dismissed or reduced.
For a possession charge to stick, the prosecution has to scientifically prove the substance they seized from you was an illegal drug. Crime labs make mistakes sometimes, resulting in false positives.
Your attorney can request additional confirmatory testing to verify the initial results. If the substance turns out to not be illegal, the drug charges should be dropped immediately.
Even if testing confirms an illegal drug, questioning the results can introduce reasonable doubt in some cases. For example, if the amount was very small and appeared inconsistent with distribution charges.
However, not all officers recognize medical cards from other states. An experienced drug crimes lawyer can help get any charges dismissed by providing proof of your medical authorization.
If you didn’t have a valid card at the time, your attorney may still be able to work with the prosecutor to get the charges reduced or dropped by showing you qualify for medical use.
The prosecution has to prove the drugs introduced as evidence in court are the exact same ones seized from you when you were arrested. This is called establishing chain of custody.
If the police mishandled the evidence or there are gaps in the chain of custody documentation, your lawyer can challenge the validity of the evidence. Since prosecutors have to prove chain of custody beyond a reasonable doubt, this defense can sometimes get drug charges dismissed.
One strategy your attorney may pursue is attempting to negotiate a plea deal with beneficial terms, such as getting certain charges dropped or penalties reduced.
Plea deals require you to plead guilty in exchange for an agreed upon outcome. Examples of potential benefits include:
While you give up your right to a trial, plea deals can sometimes offer the best way to avoid harsh mandatory minimum sentences associated with drug crimes. An experienced lawyer will know how to craft a favorable deal.
Certain circumstances allow defendants to admit possessing illegal drugs, but provide legal justifications absolving them of criminal liability. These are called affirmative defenses.
Some potential affirmative defense arguments in drug cases include:
While affirmative defenses are difficult to prove, they can sometimes get charges dismissed or reduced, especially in cases with extenuating circumstances.
Many jurisdictions offer pretrial diversion programs or drug treatment courts as an alternative to jail time for drug offenders.
These programs require completing drug counseling, treatment, and random testing over a period of time, such as 6-12 months. By successfully finishing the program terms, you can avoid a criminal conviction.
Drug courts and diversion programs are restricted to those without extensive criminal histories charged with low level possession. Your lawyer can advise you if one of these alternatives may be available and beneficial in your case.
If the police didn’t have valid justification to stop or detain you in the first place, your lawyer can challenge the legality of the encounter.
Any evidence found as a result of an unlawful stop or arrest is subject to suppression. Getting a drug case dismissed often starts with scrutinizing the officer’s reason for initiating contact.
Some common illegal stop and arrest scenarios:
After an arrest, but before a criminal trial, your attorney can request a preliminary hearing. This is an opportunity to examine the prosecution’s evidence early on and identify any weaknesses in their case.
Successfully highlighting flaws in the state’s case during a preliminary hearing can sometimes convince prosecutors to reduce or even dismiss charges to avoid losing at trial.
Experts in areas like forensic science and police procedure can provide testimony to help discredit the prosecution’s evidence and establish reasonable doubt about your guilt.
Your lawyer may retain reputable expert witnesses to review the facts of your case and prepare reports summarizing their opinions. Their testimony could be instrumental in beating drug possession allegations.
If you suffer from drug addiction, informing prosecutors and entering treatment can potentially mitigate penalties or even convince them to dismiss your charges.
Completing a reputable rehab program demonstrates a commitment to overcoming addiction and getting your life back on track. Judges and prosecutors tend to look favorably on those who seek help.
Many district attorney offices have diversion programs for first-time offenders charged with simple drug possession. These programs allow charges to be dismissed once you complete drug counseling and probation.
As a first-time offender, your lawyer will advocate for your acceptance into a diversion program to avoid a conviction on your record. This outcome is preferable to jail time in most minor possession cases.
The police report contains the officer’s accounting of the events leading up to your arrest. If your lawyer finds inconsistencies, inaccuracies, or omissions in the report, it calls the officer’s credibility into question.
Pointing out sloppy police reports can help get drug evidence suppressed or charges reduced or dismissed. Police mistakes in documentation help undermine their version of events.
If you end up convicted on drug possession charges, your attorney will seek alternatives to incarceration during the sentencing phase.
Possible sentencing alternatives include:
While avoiding jail time can be difficult for serious drug felonies, first-time offenders convicted of misdemeanor possession often receive probation or rehab instead of prison.
I hope this overview helps you understand some of the most effective strategies a knowledgeable drug crimes lawyer can use to defend against possession charges. The penalties for drug convictions are severe, so building the strongest defense is critical.
An experienced attorney will thoroughly examine the facts of your case, identify any police misconduct or sloppy investigating, and build arguments to get your charges dismissed or reduced. They will also negotiate with prosecutors aggressively to secure a favorable outcome.
No one wants to serve long mandatory minimum sentences if options exist to avoid conviction. With an experienced drug crimes lawyer fighting for your freedom, you can rest assured knowing you have the best defense possible against any drug charges you face.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.