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Brooklyn Drug Possession Lawyers

Drug Possession Convictions in New York

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.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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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.

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 Level

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 You Need an Attorney

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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