DAT for Drug Possession

DAT for Drug Possession

Here’s what most people don’t understand about drug possession DATs: everything depends on what drug and how much. Marijuana under 3 ounces is decriminalized in New York – not even a DAT, just a civil ticket like a parking violation. But the DAT you’re holding for “drug possession” means something different. It means cocaine, heroin, pills, or another controlled substance. It means you’re facing a Class A misdemeanor with up to 364 days in jail. And if the amount crosses certain thresholds, the same substance becomes a felony that can destroy your life.

Welcome to Spodek Law Group. Todd Spodek handles drug possession cases knowing one critical fact: drug charges in New York have shifted dramatically toward treatment over punishment. The system now offers multiple paths to dismissal through diversion programs, drug courts, and ACDs. First-time offenders with possession charges have better options than ever before. But those options don’t appear automatically. You have to know they exist and fight for them.

Here’s what you need to understand about your drug possession DAT and the paths available to resolve it.

Criminal Possession of a Controlled Substance in the 7th Degree

If your DAT says “CPCS 7th degree” or references New York Penal Law 220.03, you’re facing the most common drug charge in New York City. Criminal Possession of a Controlled Substance in the Seventh Degree is a Class A misdemeanor.

This charge applies when police find any amount of a controlled substance – even residue. It doesn’t matter if it was a personal use quantity. It doesn’t matter if you’ve never been in trouble before. Any possession of cocaine, heroin, methamphetamine, prescription pills without a prescription, or other controlled substances under Public Health Law 3306 triggers this charge.

The penalties on paper are serious: up to 364 days in jail and a $1,000 fine. But heres the reality for first-time offenders. Jail time for simple possession is unusual. The system has moved toward treatment and diversion. Most first-time possession cases resolve with non-criminal dispositions – either ACDs that result in dismissal or pleas to violations that avoid criminal convictions.

This dosent mean you can relax. It means you need a lawyer who knows how to navigate the system toward those favorable outcomes.

What Drug and How Much: Why It Matters

Not all drug charges are created equal. The type of drug and the quantity determine wheather your facing a misdemeanor or a felony – and the difference can be years in prison.

Seventh Degree (Class A Misdemeanor – Your DAT): Any amount of any controlled substance. This is simple possession. Up to 364 days jail.

Fifth Degree (Class D Felony): Possession with intent to sell, or exceeding weight thresholds. Half an ounce of cocaine, heroin, or other narcotic triggers fifth degree charges. Now your facing 1-7 years in state prison.

Fourth Degree (Class C Felony): Larger quantities. Up to 15 years in prison.

Third through First Degree: Major weight, major penalties. First degree is a Class A-I felony with mandatory minimum of 15 years and maximum of life.

If your DAT says 7th degree, you got the lowest charge. That dosent mean its not serious – a misdemeanor conviction follows you for life. But it means you have more options then people facing felony drug charges.

Heres what to watch out for. Prosecutors sometimes upgrade charges after the initial arrest. If you had packaging materials, scales, or large amounts of cash along with the drugs, they might argue intent to sell and push for felony charges. Your lawyer needs to anticipate this and build a defense.

Marijuana Is Different Now

If your DAT involves marijuana, the rules are completly different then for other drugs. New York decriminalized recreational marijuana in 2021.

Under 3 Ounces: Legal for adults 21+. No criminal charge, no civil penalty, nothing. You shouldnt have received a DAT for this at all.

Smoking in Prohibited Areas: This is a civil violation, not a crime. Fine of up to $25 for first offense.

Over 3 Ounces (Personal Use): Still not a crime for small amounts over the limit. Civil penalties apply.

Large Quantities: Possession of large amounts with intent to sell illegaly remains a crime. But simple personal use quantities are decriminalized.

If you received a DAT for marijuana possession, something might be wrong with your case. Either the charge should be different, the quantity was misrepresented, or theres another charge involved. Your lawyer should examine exactly what your charged with and wheather the charge is even valid under current law.

Drug Treatment Courts and Diversion Programs

New York has moved agressively toward treatment instead of punishment for drug offenses. If you have a substance abuse issue, the system offers paths to dismissal that traditionaly prosecuted defendants dont get.

Drug Treatment Courts (DTC): These specialized courts handle cases were addiction is a component of the offense. Instead of prosecution, you enter a treatment program. Complete the program, and your charges can be dismissed or reduced. Drug treatment courts require multiple court appearances, counseling, drug testing, and compliance with treatment plans. Completion rates are around 50-60% becuase the requirements are demanding. But for people who complete successfully, the charges go away.

Judicial Diversion Program: Under Criminal Procedure Law Article 216, eligible defendants can be diverted into substance abuse treatment. This is available even for some felony offenses.

Misdemeanor Diversion: First-time misdemeanor drug offenders may be diverted to treatment services. Becuase only misdemeanor offenders qualify for certain programs, keeping your charge at the misdemeanor level opens doors that felony charges close.

Heres the catch with treatment courts. You usualy have to plead guilty upfront. You admit the charge, then enter treatment with the understanding that successful completion means dismissal. If you fail the program – miss appointments, fail drug tests, stop showing up – the guilty plea stands and you face sentancing on the original charge. Its a powerful option for people committed to treatment. Its a trap for people who arent ready.

Your lawyer should help you understand wheather treatment court makes sense for your situation, or wheather pursuing an ACD or fighting the charges outright is a better path.

The ACD Path

For first-time drug possession, an ACD – Adjournment in Contemplation of Dismissal – is often the best outcome. No guilty plea. No admission. The case is adjourned for six months (or one year for certain offenses). Stay out of trouble, and the case is automaticaly dismissed and sealed.

ACDs for drug charges work the same as ACDs for other offenses. After dismissal, the arrest is treated as a legal “nullity.” Background checks shouldnt show it. You can honestly say you werent convicted of a crime.

The challenge with drug ACDs is that prosecutors may be more reluctant to offer them for controlled substances then for other offenses. They worry about people with addiction issues reoffending. They face pressure to take drug crimes seriously.

But ACDs happen regularly in drug cases, especialy for:

• First-time offenders with no record
• Small quantities clearly for personal use
• Defendants who can demonstrate they dont have addiction issues
• Cases were the evidence is weak or the search was questionable

Your lawyer’s job is to advocate for why an ACD is appropriate in your case. To show the prosecutor that you deserve the chance to have this dismissed.

Defenses in Drug Possession Cases

Drug cases often have stronger defenses then other DAT charges. Understanding your options helps you understand your leverage.

Illegal Search: The Fourth Amendment protects you from unreasonable searches. If police found the drugs through an illegal search – no warrant, no probable cause, no consent, no exception – the evidence can be suppressed. If the drugs are suppressed, the case falls apart.

Lack of Possession: You can only be convicted of possession if you actualy possessed the drugs. If the drugs were in a car with multiple people, or in a room you shared, or in a bag that wasnt yours, the prosecution has to prove you knew about them and controlled them. “Constructive possession” cases are harder to prove then cases were drugs were found in your pocket.

Testing Issues: The prosecution must prove the substance is actualy a controlled substance. Lab testing has to be done correctly. Chain of custody must be maintained. Errors in testing or handling can create doubt.

Mistaken Identification: Was the person arrested actualy you? In some cases, particularly undercover operations, identification errors happen.

If your case has any of these issues, your lawyer should file motions to suppress evidence or challenge the prosecution’s case. Even if suppression isnt granted, the existence of strong defense arguments gives you leverage in negotiations.

Immigration Consequences

For non-citizens, drug convictions carry devastating immigration consequences.

Almost any controlled substance conviction – even a misdemeanor, even with no jail time – can trigger deportation. Drug offenses are particularly dangerous under federal immigration law becuase they dont require the “crime involving moral turpitude” analysis that applies to other offenses. Drug convictions are automaticaly problematic.

This makes avoiding a conviction essential for non-citizens. An ACD is not a conviction. Completing a diversion program that results in dismissal avoids a conviction. Even pleading to a non-drug offense like disorderly conduct is better then a drug conviction for immigration purposes (though still not ideal).

If your not a citizen, make absolutely sure your criminal defense lawyer understands immigration consequences. The strategy for your criminal case must protect your immigration status. A “good” deal in criminal terms can be catastrophic in immigration terms.

Employment and Professional Consequences

Beyond immigration, drug convictions affect:

Employment: Background checks reveal convictions. Many employers – especialy those involving trust, security clearances, or government contracts – reject candidates with drug convictions.

Professional Licenses: If your licensed in a profession – healthcare, law, finance, education – a drug conviction triggers reporting requirements and possible disciplinary action. Some licenses can be revoked.

Housing: Landlords run background checks. Drug convictions can cost you apartments, especialy in competitive rental markets.

Financial Aid: Federal student aid can be affected by drug convictions.

An ACD that results in sealing protects you from these consequences. A conviction creates lasting damage.

What Spodek Law Group Does for Drug Cases

At Spodek Law Group, Todd Spodek evaluates every drug possession case by asking: what’s the path to dismissal?

For most first-time offenders, that path is an ACD. We investigate your case, identify strengths and weaknesses, and negotiate with prosecutors to secure an ACD or other favorable disposition.

For cases with search issues, we file suppression motions. If police violated your rights, we fight to exclude the evidence.

For clients struggling with addiction who want help, we explore drug treatment court options. We explain the requirements, the risks, and wheather its the right choice for your situation.

For non-citizens, we coordinate criminal defense with immigration strategy. Avoiding a conviction isnt just about your record – its about your ability to remain in the country.

Call us at 212-300-5196. The consultation is free. We’ll review your case and explain your options honestly. Drug laws have changed. The system offers more paths to dismissal then ever before. But you have to fight for them.