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.
What are the Laws for Drug Possession in Brooklyn?
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.
What is the Usual Punishment 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 Can an Attorney Help with a Drug Possession Conviction?
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 You Should Hire an Attorney
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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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