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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.

Brooklyn Drug Possession Lawyers

By Spodek Law Group | July 26, 2023
(Last Updated On: August 2, 2023)

Last Updated on: 2nd August 2023, 04:28 pm

If you have been charged with drug possession in Brooklyn, you could be wondering what to expect. This is a situation that you will definitely not want to take lightly. Luckily, though, there are lawyers out there who can help.

Brooklyn Drug Possession

In New York, charges for controlled substances and for marijuana are handled differently. However, the charges are very similar in nature. You should also understand that there are two different types of drug possession offenses. One type is actually having physical possession of the drug. The other type is having “constructive” possession of the drug. This type of drug possession refers to being the individual who is in control of the person or the place where the drugs were found, even if the person was not actually physically present at the time.

In order to prove that you are guilty of drug possession in New York, the prosecution has to prove that the substance was, in fact, a controlled substance and that you actually possessed the substance. The prosecution also has to prove that you knew that you possessed the substance and that your possession of the substance was unlawful. If you are currently facing drug possession charges, these are all things that the prosecution will work to prove in your case.

Penalties for Drug Possession in Brooklyn, New York

Different types of drug possession charges can result in different consequences. For example, if you are convicted of possessing more than eight ounces of a substance that contains a narcotic, you will be convicted of a Class A-1 felony. The penalty for this can be eight to 20 years of imprisonment or a fine of $100,000.

Not all drug possession charges are this serious, but that doesn’t mean that they are something that you should take lightly, either. If you are convicted of a lower-level felony, you could face some prison time. Plus, your life could be affected in the long-term due to having a felony conviction on your record.

Some drug possession charges are actually misdemeanors or “violations.” For example, if you are convicted of possessing marijuana in a quantity of 25 grams or less, you could face a maximum of 15 days in jail and a maximum fine of $250.

Defenses for Drug Possession in Brooklyn

There are various ways that an attorney can defend you if you are facing charges for drug possession in Brooklyn. Your attorney could argue that you were not aware that the drug was in your possession or that you were holding the drug legally, such as if it was a prescription medication that was prescribed to you. Individuals under 16 years old may also be defended by the “infancy” defense in some cases. Of course, every case is different; if you’d like to find out how an attorney can defend you for drug possession in Brooklyn, it’s a good idea to sit down with an experienced lawyer so that he or she can talk to you about the details of your case.

How Our Attorneys Can Help

As you can see, if you are facing charges for drug possession in Brooklyn, New York, it is very important to take the situation seriously. Even though you might have thought about going to court on your own, you should know that this is usually not a very good idea. Instead, you should work with a reputable lawyer who knows New York laws and who can help you with your case.

Luckily, one of our experienced attorneys can help. Our legal team has a ton of experience with New York laws related to drug possession and other crimes. We can talk to you about your individual case to help you understand what you are facing and to help guide you through the process. We will also do everything that we can to defend you to the best of our ability and to help you preserve your freedom and your reputation. If you contact us today, we can sit down with you for a consultation so that we can talk to you a little more about your situation.

Fighting Wrongful Drug Possession Convictions in Brooklyn

When you are convicted of a drug possession crime, your life is turned upside-down. You may find yourself in a jail cell, waiting for bail and hoping that there is a way to make things right. Or you may be confused about how things led up to this point.
If you feel that you have been wrongfully convicted of a drug possession crime, it is important that you seek the advice of a professional law firm and get the facts about New York drug possession laws.

Laws for Drug Possession in New York

The drug possession laws for the state of New York are divided into two categories, controlled-substance and marijuana-related. Even though these offenses are separated, the foundations for these offenses are basically the same. For a person to be convicted of possession of either marijuana or a controlled substance, it must be proven, beyond any reasonable doubt, that they have met the following actions.

The substance they were in possession of was indeed a controlled-substance
The defendant had possession of that substance at the time of their arrest
They were fully aware of the fact that they had possession of the substance
And they were aware that the possession of the substance was against the law
The authorities will look at whether the possession of the illegal substance was physical or constructive. This means that the person literally had the substance on them at the time of their arrest, or that they were in control of the person or place where the drugs could be found. The defendant should be aware that authorities can prove constructive possession of an illegal substance even if they are no present at the location when the drugs are discovered.

Typical Punishments for Drug Possession

If you are convicted of a Class A-1 felony, which is the possession of 8 ounces or more of narcotic substances, or 5.760mg of methadone, you could be sentenced to 8-20 years in prison or a fine of as much as $100,000.

If you are convicted of Class B to Class E felony, your sentence could be a minimum of one year or a maximum of one and a half years, to nine years, and fines that range from $15,000 up to $30,000 for any Class B or Class C felonies.

The unlawful possession of marijuana is a violation and the punishment is imprisonment for a maximum of 15 days or a fine that is usually less than $250.

How a Lawyer Can Help

If you have been wrongfully convicted of drug possession, it is best to get in touch with a reliable and trustworthy law firm such as Spodek Law Group. They can help you get the evidence you need to prove your innocence. Your attorney can help to determine which defenses apply to your case if you choose to plead not guilty.

Why Hire a Lawyer

The main reason you should hire an attorney to help with your drug possession conviction is because there are some defenses and rights out there that you may not be aware of. The Fourth Amendment to the U.S. Constitution states that you have the right to due process of law, and that includes the lawful search and seizure process prior to your arrest. Drugs that are found in plain sight by the police can be used as evidence against you, but if a police officer should pry open your car’s trunk without your permission, or search your home without a warrant, any drug paraphernalia they find cannot be used against you as evidence.

By hiring a skilled and experienced law firm in Brooklyn, you will have the assistance that you need to eliminate your charges or help with getting a lighter sentence if you are found guilty.

Brooklyn Marijuana Possession Defense Lawyers

Possession of marijuana in the state of New York can be a relatively minor criminal matter, as it is classified as a misdemeanor for amounts under 25 grams. Fines for a first offense can be as low as $100 with no incarceration. However, cases that do not fall into the simple minor category are often dealt with harshly by local authorities, so charges can also carry significant punishment in the wrong situation. In addition, being charged with possession along with a co-defendant who receives a higher level of charges could also present a bad situation for the minor offender. Technicalities can matter greatly even in a typical marijuana possession case, and it is important to consult with an experienced Brooklyn marijuana possession lawyer before going to court for any charge. The ramifications of a marijuana conviction can last several years, and subsequent arrests can be problematic as well in terms of increased fines and potential jail time.

Charge Levels

Most marijuana possession charges in New York are misdemeanors if the amount confiscated is less than eight ounces. Charges for less than 16 ounces is a Class E felony, which is one pound. Charges for amounts between one and ten pounds are Class D, while charges for anything above ten pounds is a Class C felony. Any charge for less than 25 grams, which is just short of one ounce, is generally considered an infraction. It is not until a arrest for misdemeanor possession of over 25 grams that a charge is actually considered criminal. However, a minor possession charge that is followed by a trafficking charge can spell significant trouble for the defendant, as New York is much more serious in prosecuting those distributing any drug. While each charge is considered on its own merit, pattern use can be an underlying factor in a later charge. This possibility alone is a good reason to avoid a conviction.

Potential Penalties

A standard conviction on simple marijuana possession charges under 25 grams is a $100 fine only. A third conviction at this violation level can carry up to 15 days incarceration well, with a $500 fine. When amounts exceed 25 grams, the potential for jail time applies and increases as the level of charges increase. Possession for up to two ounces can result in 90 days in jail, while possession for amounts between two and eight ounces can result in a one-year jail stent and $1000 fine. Possession for eight ounces to one pound can result in four years incarceration along with a $5000, and amounts between one and ten pounds can carry a seven-year sentence with the same fine. Possession of over ten pounds of marijuana only carries the same $5000 fine, but jail time can increase up to 15 years.

Why an Attorney is Needed

The level of charges can matter greatly when your case goes to court. Federal law requires all defendants who are facing potential jail time to have competent legal defense representation because a sentence takes time off of the defendant’s life after conviction and all convicted individuals must understand their charges fully and be afforded full protection under the law. In addition, and especially in marijuana charges involving significant amounts, that period of time can be very long. Retaining an experienced Brooklyn marijuana possession criminal defense attorney is as much of an investment in your future as in your freedom.

Convictions for marijuana possession at any violation level can be a problem later in life when they can be a reason for denied substantive employment or public services. Any conviction is a bad conviction. That is why it is always important to evaluate the outcome of the pending charge and consider retaining a Brooklyn marijuana possession lawyer who knows the local court system and will aggressively defend your case to fullest extent of the law.

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