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New York City, NY Drug Trafficking Defense Lawyers

December 1, 2025

Last Updated on: 1st December 2025, 08:41 pm

You Just Got Arrested for Drug Trafficking in NYC—What Do You Do Right Now?

Look. Your heart is racing. Your hands are shaking. You just got arrested for drug trafficking in New York City, and your thinking about the next 15 to 25 years of you’re life locked in a cell. The detective told you if you cooperate, things will go easier. He said if you just tell them where you got the drugs, who you work for, they can “help you out.”

Do NOT talk to the police. Not without a lawyer. Not even to “clear things up.” Not even if you think your innocent. Permanent.

Real talk: Anything you say right now—and I mean anything—will be used against you in court. The police are not you’re friends in this situation. There not trying to help you. There job is to build a case against you, and every word you say makes they’re job easier.

Here’s what happens in the next 24 hours:

  • Central Booking: They’ll take you to central booking. In Manhattan, thats 100 Centre Street. In Brooklyn, its the Brooklyn Central Booking facility at 120 Schermerhorn Street. Queens? Your going to Queens Central Booking at 125-01 Queens Boulevard. The Bronx sends you to 265 East 161st Street, and Staten Island uses 18 Richmond Terrace.
  • Processing: They’ll fingerprint you, photograph you, run your background. This takes 4 to 8 hours. Sometimes longer if its busy (Friday and Saturday nights are packed).
  • Arraignment: Within 24 to 48 hours, you’ll be brought before a judge for arraignment. This is where they formally charge you, you enter a plea (NOT GUILTY—always plead not guilty at arraignment), and the judge decides bail.
  • Bail or Remand: Drug trafficking charges are serious. The judge might set bail at $50,000, $100,000, $250,000, or even higher. Or they might remand you (no bail, you stay in jail until trial). This depends on the amount of drugs, you’re criminal history, and wether your a “flight risk.”

What you need to do RIGHT NOW:

First, invoke your right to remain silent. Say these exact words: “I want a lawyer. I’m not answering any questions.” Then stop talking. Forever.

Second, call a lawyer immediately. If your in central booking and you get one phone call, use it to call a criminal defense attorney—not you’re mom, not you’re girlfriend, not you’re friend. Call a lawyer. The Spodek Law Group is available 24/7 at 212-300-5196. We handle drug trafficking cases in all five boroughs and federal court.

Third, dont sign anything without a lawyer present. The police might try to get you to sign a statement, a confession, a waiver. Dont do it. Wait for you’re attorney.

I know your terrified. I know you dont know what’s happening. But the next 24 hours are critical, and what you do right now can mean the difference between beating this case and spending the next two decades in prison. The statue of limitations doesnt matter if you confess today.

What Does “Drug Trafficking” Actually Mean in New York?

Alot of people think “drug trafficking” means moving drugs across state lines or running some big cartel operation. Thats not how New York law works. You can be charged with drug trafficking—officially called “operating as a major trafficker” under NY Penal Law § 220.77—based off the profit you made, not just the amount of drugs.

Here’s the legal definition:

Under NY Penal Law § 220.77, your guilty of operating as a major trafficker (an A-I felony, the most serious drug charge in New York) if:

  • You acted as a director of a controlled substance organization, AND
  • You sold or possessed drugs with intent to sell, AND
  • Your proceeds (profits) from drug sales within an 8-month period exceeded $75,000.

Now, heres the thing. Prosecutors in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island dont need to prove you actually made $75,000. They just need to show that the drugs you possessed or sold could have generated $75,000 in street value. They use inflated “street value” calculations—taking wholesale cocaine prices and multiplying by retail markups—to hit that threshold.

For example: You get caught with 4 ounces of cocaine. Wholesale, thats worth maybe $3,000. But prosecutors say you could of cut it, divided it into grams, sold it for $100 per gram, made 15 sales over 6 months. Suddenly there claiming $75,000+ in proceeds, and now your facing an A-I felony instead of a B felony. The difference? 15 to 25 years to life instead of 1 to 9 years.

What drugs are we talking about?

NY Penal Law Article 220 covers all controlled substances, but the most common drug trafficking charges in NYC involve:

  • Cocaine (powder and crack)
  • Heroin
  • Fentanyl (the biggest issue in 2025—more on this later)
  • Methamphetamine
  • Prescription drugs (oxycodone, hydrocodone, Xanax)
  • Marijuana (still illegal to sell without a license, even though possession is now legal)

How is trafficking different from possession?

Possession means you have drugs for personal use. Trafficking (or “criminal sale of a controlled substance”) means the government alleges you intended to sell the drugs. How do they prove intent to sell?

  • Quantity: If you have 8 ounces of cocaine, thats probly not for personal use.
  • Packaging: Multiple small bags, scales, cutting agents (baking soda, etc.).
  • Cash: Large amounts of cash in small bills.
  • Communications: Text messages, recorded phone calls about drug sales.
  • Surveillance: Undercover officers or confidential informants witnessing sales.

Even if you didnt actually sell anything, possession of alot of drugs + packaging materials + cash = prosecutors will charge you with intent to sell.

State vs. Federal Charges—What’s the Difference?

This is critical. You can be charged with drug trafficking in New York state court (Manhattan Supreme Court, Brooklyn Supreme Court, etc.) OR in federal court (Southern District of New York or Eastern District of New York). Federal charges are worse. Way worse.

Federal charges apply when:

  • The drugs crossed state lines (even if you didnt know it)
  • The drugs were imported (caught at JFK Airport, LaGuardia, Port Authority)
  • The amount exceeds federal thresholds (500 grams of cocaine, 100 grams of heroin, 40 grams of fentanyl)
  • Federal agents (DEA, FBI, Homeland Security) were involved in the investigation
  • The case involves conspiracy, wiretaps, or multi-state organizations

If your charged federally under 21 USC § 841, you face mandatory minimum sentences—meaning the judge HAS to give you at least 5 years, 10 years, or 20 years depending on the drug type and amount. State court offers more flexibility, more plea options, more chances for treatment programs.

The agencies is different too. In state court, its the local District Attorney (Manhattan DA, Brooklyn DA, etc.) prosecuting you. In federal court, its the United States Attorney’s Office for the Southern District of New York (SDNY) or Eastern District of New York (EDNY). Federal prosecutors has more resources, more investigators, more time. They dont plea bargain as much. The conviction rate in SDNY is 92%. In EDNY, its 95%. People has better odds in state court.

How Much Prison Time Are You Actually Facing in New York?

This is the question everyone asks first: How much time am I looking at? And heres the deal: it depends on what your charged withhow much drugswether its state or federal, and wether your a first-time offender.

Let me break it down.

New York State Sentencing (A-I Felony—Operating as Major Trafficker)

If your charged with operating as a major trafficker under NY Penal Law § 220.77, thats an A-I felony, the highest-level drug crime in New York. The standard sentencing range is:

  • 15 to 25 years to life in state prison.

But wait, this is important—if your a first-time felony offender (meaning you dont have any prior felony convictions), you might qualify for a reduced sentence under the 2009 Rockefeller Drug Law reforms. In that case, the judge can sentence you to:

  • 8 to 20 years instead of 15 to 25.

Thats still a long time. 8 years means you wont see you’re kids grow up. You’ll loose you’re job, you’re apartment, maybe you’re marriage. But its better then 25 years to life.

A-II Felony (Criminal Sale of Controlled Substance, 1st Degree)

If your charged with criminal sale of a controlled substance in the first degree (NY Penal Law § 220.43)—for example, selling 2 ounces or more of cocaine or heroin—thats an A-II felony. Sentencing range:

  • 3 to 8.3 years minimum, up to life in prison.

Most people sentenced for A-II drug felonies get somewhere between 5 and 15 years, depending on criminal history and the specifics of the case.

B Felony (Criminal Sale, 2nd Degree or Criminal Possession, 1st Degree)

If your charged with criminal sale of a controlled substance in the second degree (NY Penal Law § 220.41) or criminal possession in the first degree (NY Penal Law § 220.16)—like possessing 8 ounces of cocaine—thats a B felony. Sentencing:

  • 1 to 3 years minimum, up to 25 years maximum.

First-time offenders often get 2 to 6 years. Repeat offenders get closer to 10 or 15 years.

Federal Mandatory Minimums (21 USC § 841)

If your charged in federal court, the sentencing is based on drug type and weight, and there are mandatory minimums the judge cannot go below (unless you cooperate with the government, which has its own risks).

5-Year Mandatory Minimum:

  • 500 grams or more of cocaine (about 1.1 pounds)
  • 100 grams or more of heroin (about 3.5 ounces)
  • 28 grams or more of crack cocaine (about 1 ounce)
  • 5 grams or more of methamphetamine
  • 40 grams or more of fentanyl (about 1.4 ounces)

So if your caught at JFK Airport with 120 grams of heroin, your facing a minimum of 5 years in federal prison, no matter what. Even if its you’re first offense. Even if you have kids. Even if you were just a courier and didnt know what was in the bag. Five years. Minimum.

10-Year Mandatory Minimum:

  • 5 kilograms or more of cocaine (11 pounds)
  • 1 kilogram or more of heroin (2.2 pounds)
  • 280 grams or more of crack cocaine
  • 50 grams or more of methamphetamine
  • 400 grams or more of fentanyl

If your caught with these amounts, your facing 10 years minimum. Most people in this category get 12 to 20 years.

20-Year Mandatory Minimum (Death Resulting):

If someone dies from using the drugs you sold (or allegedly sold), the federal government can charge you under 21 USC § 841(b)(1)(C) with a 20-year mandatory minimum. This is becoming more common with fentanyl cases in 2025, where one bad batch kills someone, and prosecutors trace it back to you.

What’s the ACTUAL Likely Sentence?

Look, the “maximum” sentences sound terrifying, but most people dont get the maximum. Heres what I’ve seen alot in NYC drug trafficking cases:

  • First-time state offender, 4 oz cocaine, no violence: Plea deal to B felony, 3 to 6 years in state prison (out in 4 with good behavior).
  • First-time federal offender, 600g cocaine: Plea deal, 5-year mandatory minimum (exactly 5 years, no early release in federal system).
  • Second felony offender, A-I trafficking charge: 12 to 20 years in state prison (back to mandatory minimums, no leniency).
  • Fentanyl case with overdose death: Federal prosecutors push for 20+ years, juries convict, judges give 22 to 30 years.

The numbers drift depending on cooperation. If you “flip” and testify against your supplier, federal prosecutors can file a 5K1.1 motion to go below the mandatory minimum. But cooperating has risks—your snitching on dangerous people, and there gonna find out. Is 3 years instead of 5 years worth it? No easy answer here. Well, probly no easy answer.

Will You Be Charged in State Court or Federal Court? (And Why It Matters)

This is huge. Like, this might be the most important factor in you’re case besides the amount of drugs. State court and federal court are completely different worlds, with different prosecutors, different judges, different sentencing rules, and very different outcomes.

How Do Prosecutors Decide State vs. Federal?

Technically, both state and federal authorities could charge you with drug trafficking. So who gets your case? It depends on:

  • Drug quantity: Large amounts (kilograms) = more likely federal. Small amounts (ounces) = usually state.
  • Federal nexus: Did the drugs cross state lines? Were they imported? Was there interstate commerce? If yes, federal.
  • Which agency investigated: If the DEA, FBI, or Homeland Security investigated you, they’ll refer it to federal prosecutors (U.S. Attorney’s Office). If NYPD Narcotics Division arrested you, it usually stays in state court.
  • Complexity: Wiretaps, conspiracy charges, multi-defendant cases = federal prosecutors have more resources.
  • Prosecutorial discretion: Sometimes the feds “decline” a case and let the state handle it, especially if its a smaller case or they’re overloaded.

actualy let me back up because this is confusing. Think of it like this: federal prosecutors are picky. They dont want small cases. There looking for big fish—trafficking organizations, cartel connections, interstate smuggling. If your case is “just” a few ounces of cocaine sold in Brooklyn, the U.S. Attorney’s Office probly wont take it. But if your caught at JFK Airport with drugs, or if a wiretap caught you coordinating sales across state lines, the feds will absolutely take your case.

What Makes Federal Court Worse?

Almost everything.

  • Mandatory minimums: Federal law requires 5, 10, or 20-year minimum sentences based on drug weight. State court has more flexibility.
  • No parole: In federal prison, theres no parole. If you get 10 years, you serve 10 years (minus ~15% for good behavior, so maybe 8.5 years). In state prison, you can get parole after serving 2/3 of you’re sentence.
  • Sentencing guidelines: Federal courts use the U.S. Sentencing Guidelines, which calculate your sentence based on a complex points system (drug quantity, criminal history, role in the offense, etc.). State courts have more discretion.
  • Harsher prosecutors: U.S. Attorneys are extremely well-resourced and rarely lose. Conviction rate in SDNY is 92%, EDNY is 95%.
  • Trial penalty: If you go to trial in federal court and lose, the sentence is usually 3x harsher than if you’d taken a plea deal. State courts have a trial penalty too, but its not as extreme.

Most people… well, many people anyway… would rather face state charges than federal charges, even if the state sentence could be higher on paper. Because in practice, state prosecutors plea bargain more, state judges have more discretion, and you have a better shot at treatment programs or early release.

SDNY vs. EDNY—What’s the Difference?

If your case goes federal, it matters which federal court. New York City is split between two federal districts:

  • Southern District of New York (SDNY): Covers Manhattan, the Bronx, and counties north of NYC (Westchester, Rockland, etc.). Courthouse is at 40 Foley Square in Manhattan.
  • Eastern District of New York (EDNY): Covers Brooklyn, Queens, Staten Island, and Long Island (Nassau and Suffolk counties). Main courthouse is at 225 Cadman Plaza East in Brooklyn.

wait, this is important—SDNY and EDNY have different reputations.

SDNY is known for:

  • White-collar crime focus (fraud, insider trading, public corruption)
  • Slightly more defense-friendly judges (historically, though it varies)
  • Faster timeline (6 to 9 months from arrest to trial)
  • Conviction rate: 92%
  • Average drug trafficking sentence: 87 months (about 7.25 years)

EDNY is known for:

  • Organized crime and gang prosecutions (historically prosecuted the Mafia)
  • More prosecution-friendly judges (several former prosecutors on the bench)
  • Slower timeline (12 to 18 months from arrest to trial)
  • Conviction rate: 95%
  • Average drug trafficking sentence: 104 months (about 8.67 years)

So if one has a choice (and you usually dont), SDNY is preferable. But again, you dont get to pick—it depends on where the offense occurred.

Can You Be Charged in Both State and Federal Court?

Technically, yes. The “dual sovereignty” doctrine allows both state and federal governments to prosecute you for the same conduct. But in practice, this is rare. Usually, the feds and state prosecutors coordinate, and whoever takes the case first, the other backs off. If your arraigned in Manhattan Supreme Court on state charges, the U.S. Attorney’s Office could still indict you federally later, but it doesnt happen often unless new evidence emerges.

Does It Matter If You’re Arrested in Manhattan vs. Brooklyn vs. Queens?

Seriously. This matters more than you think.

New York City has five boroughs, and each one has its own District Attorney’s Office with its own priorities, policies, and prosecution styles. Getting arrested for drug trafficking in Manhattan is a different experience than getting arrested in the Bronx, even if the charges are identical.

Manhattan (New York County DA: Alvin Bragg, elected 2022)

Manhattan DA Alvin Bragg ran on a progressive platform and has focused on violent crimegun offenses, and white-collar crime. He’s declined to prosecute alot of low-level drug possession cases. But dont get it twisted—drug trafficking is still prosecuted aggressively in Manhattan.

What to expect in Manhattan:

  • Plea deals: If your a first-time offender with no violence or weapons, Manhattan prosecutors are sometimes willing to reduce an A-I felony to an A-II felony (reducing the sentencing range from 15-25 years to 3-8 years).
  • Bail: Post-2019 bail reform, Manhattan judges set bail less often than the Bronx, but drug trafficking charges are serious enough that bail is likely.
  • Federal referrals: Manhattan is right next to the SDNY courthouse (40 Foley Square), so complex cases get referred to federal prosecutors easily.
  • Treatment programs: Manhattan has some diversion programs, but there less robust than Brooklyn’s.

Brooklyn (Kings County DA: Eric Gonzalez)

Brooklyn DA Eric Gonzalez has been a leader in criminal justice reform and has expanded alternative-to-incarceration programs, especially for drug offenses.

What to expect in Brooklyn:

  • DTAP (Drug Treatment Alternative Program): If your charged with drug trafficking but you have a substance abuse problem, Brooklyn might offer you DTAP—a rigorous 18 to 24-month treatment program. If you complete it, the charges are dismissed. No conviction, no prison time.
  • Plea deals: Brooklyn prosecutors are often more willing to negotiate than the Bronx, especially for first-time offenders.
  • Federal referrals: Moderate. EDNY is in Brooklyn (225 Cadman Plaza East), but Brooklyn DA handles alot of cases that could go federal.
  • Sentencing: If you do get convicted, Brooklyn judges tend to sentence on the lower end of the range compared to the Bronx.

Tactical takeaway: If your arrested in Brooklyn, push your lawyer to explore DTAP eligibility. Its one of the best diversion programs in the country.

Queens (Queens County DA: Melinda Katz)

Queens is tricky because it includes JFK Airport and LaGuardia Airport, which means alot of drug trafficking cases in Queens involve federal jurisdiction (importation, interstate commerce).

What to expect in Queens:

  • Airport cases: If your arrested at JFK or LaGuardia, expect the case to go federal. Queens DA usually defers to EDNY on airport-related drug cases.
  • Plea deals: Queens prosecutors are middle-of-the-road—more flexible than the Bronx, less flexible than Brooklyn.
  • Federal referrals: Very high for airport cases. Lower for street-level trafficking.
  • Diversity considerations: Queens is the most diverse county in the U.S., and alot of defendants are immigrants. Queens judges are aware of immigration consequences (deportation) and sometimes consider it in sentencing.

Bronx (Bronx County DA: Darcel Clark)

The Bronx has a reputation for being the toughest borough for drug trafficking defendants. Bronx DA Darcel Clark has focused heavily on gang violence and narcotics trafficking, and Bronx prosecutors are known for seeking high bail and long sentences.

What to expect in the Bronx:

  • High bail: Bronx judges set bail more often and higher than other boroughs.
  • Aggressive prosecution: Plea deals are harder to negotiate. Prosecutors push for trial more often.
  • Sentencing: If convicted, expect the higher end of the sentencing range.
  • Federal referrals: Lower than you’d think. SDNY sometimes declines Bronx cases unless there major, so alot of serious trafficking cases stay in Bronx Supreme Court.
See also  NY Physical Therapist License Defense Lawyer

Tactical takeaway: If your arrested in the Bronx, prepare for a fight. You’ll need an experienced trial attorney who knows Bronx judges and prosecutors.

Staten Island (Richmond County DA: Michael McMahon)

Staten Island has been hit hard by the opioid epidemic, especially fentanyl. DA Michael McMahon has taken a hard line on fentanyl trafficking.

What to expect in Staten Island:

  • Fentanyl cases: Zero tolerance. If your caught with fentanyl, expect harsh prosecution and high bail.
  • Other drugs: Cocaine, marijuana—Staten Island prosecutors are slightly more flexible than the Bronx, but still tough.
  • Federal referrals: Low. Staten Island has a smaller caseload, and most cases stay in state court.
  • Community impact: Staten Island juries tend to be more conservative and pro-prosecution than Brooklyn or Manhattan juries.

What Happens If You’re Arrested at JFK Airport? (Or in Your Apartment? Or During a Traffic Stop?)

Scenario 1: You Get Arrested at JFK Airport

This is the worst-case scenario for jurisdiction. If your arrested at JFK Airport (or LaGuardia) with drugs, your almost certainly facing federal charges, not state charges.

Why?

  • Importation: If the drugs came from another country (even if you didnt know it), thats a federal crime under 21 USC § 960.
  • Interstate commerce: Airports are considered “interstate commerce” zones, giving federal authorities automatic jurisdiction.
  • Multiple agencies: At JFK, you’ve got Port Authority Police, NYPD, TSA, DEA, FBI, and Homeland Security Investigations (HSI) all with overlapping jurisdiction. If any federal agency is involved, the case goes federal.

What to expect:

  • Federal mandatory minimums apply: 500g cocaine = 5 years minimum, 100g heroin = 5 years, 40g fentanyl = 5 years.
  • EDNY prosecution: JFK is in Queens, so your case goes to the U.S. Attorney’s Office for the Eastern District of New York (EDNY), 225 Cadman Plaza East, Brooklyn.
  • No state court option: Queens DA almost always defers to federal prosecutors on airport cases.

Tactical advice: If your arrested at JFK, you need a lawyer with federal court experience immediately. State court strategies wont work. Call the Spodek Law Group at 212-300-5196—we handle EDNY and SDNY federal cases regularly.

Scenario 2: Search Warrant on Your Apartment

You hear pounding on the door at 6:00 AM. “Police! Search warrant!” They break down the door (no-knock warrant), rush in with guns drawn, handcuff you, and tear apart you’re apartment looking for drugs.

Can you challenge the search warrant? Maybe. Heres what your lawyer will look at:

  • Was the warrant valid? Did the police have probable cause? Was the affidavit (sworn statement) truthful? If the affidavit contains lies or material omissions, you can file a Franks motion to challenge it.
  • Was the warrant stale? If the warrant was based on a confidential informant buy that happened 60 days ago, thats “stale information”—the drugs might not even be there anymore. Courts sometimes suppress evidence from stale warrants.
  • Did they raid the wrong apartment? This happens alot in NYC. Apartment buildings have identical layouts—3B, 3C, 3D—and cops sometimes hit the wrong unit. If the warrant says “Apt 3B” and your in “Apt 3C,” the search is illegal.
  • Did they follow knock-and-announce? Even with a no-knock warrant, police are supposed to knock and announce “Police! Search warrant!” and wait 15 seconds before breaking in (unless exigent circumstances). If they didnt, the search might be illegal.

What to do: Dont resist. Dont consent (“You can search, I got nothing to hide”). Say nothing except “I want a lawyer.” Let your attorney file a Mapp hearing to challenge the search. In NYC, about 8 to 12% of drug cases get evidence suppressed on Fourth Amendment grounds. Its worth trying.

Scenario 3: Traffic Stop

NYPD pulls you over for a broken taillight. Officer smells marijuana (or claims he does). Searches the car. Finds 2 kilos of cocaine in the trunk. Your arrested for drug trafficking.

Can you challenge this? Absolutely.

  • Was the stop legal? Did the officer have reasonable suspicion? If he pulled you over for “swerving” but theres no dashcam footage, your lawyer can challenge the stop.
  • Was the search legal? Just because the officer smells marijuana doesnt automatically give him the right to search the entire car. In New York, marijuana is now legal (up to 3 ounces), so the smell of marijuana alone is not probable cause for a search anymore.
  • Whose car is it? If your a passenger and the drugs were in the trunk, prosecutors have to prove you knew the drugs were there. Thats called “constructive possession,” and its beatable.

for all intensive purposes, traffic stop cases are winnable if the search was illegal. Your lawyer should file a suppression motion immediately.

Scenario 4: Confidential Informant (CI) Controlled Buy

You sold drugs to someone you thought was a customer. Turns out, he was a confidential informant (CI) working for NYPD or the DEA, wearing a wire, and recording everything. Now your arrested for drug trafficking.

How do CI cases work?

  • The CI is usually a criminal himself, facing his own charges, cooperating in exchange for leniency.
  • NYPD or DEA pays the CI money for each arrest ($500 to $5,000 per case).
  • The CI wears a wire (recording device) during the drug buy.
  • After the buy, police execute a search warrant or arrest you on the street.

Can you beat a CI case? Sometimes. Heres how:

  • Entrapment: If the CI provided the idea, the money, and pressured you into selling drugs you wouldnt have sold otherwise, thats entrapment. Its a complete defense.
  • Illegal recording: New York is a “one-party consent” state (meaning the CI can record you without your knowledge), but if the recording was done improperly (device malfunctioned, CI recorded privileged conversations), it might be excluded.
  • CI credibility: Your lawyer can demand a Darden hearing before trial to challenge the CI’s reliability. If the CI has lied in other cases, has a serious criminal record, or was paid alot of money, the judge might find him unreliable.

In my experiance, about 15% of CI cases in NYC get dismissed on entrapment or illegal recording grounds. Its worth fighting.

Can You Actually Beat a Drug Trafficking Charge? (Yes—Here’s How)

Look, Im not gonna sugarcoat it. Drug trafficking charges are serious, and the government wins most of these cases. But “most” doesnt mean “all.” There are defenses, and if you have a good lawyer and the facts are on you’re side, you can beat this.

Defense #1: Illegal Search and Seizure (Fourth Amendment)

This is the most common defense in drug trafficking cases. If the police violated you’re Fourth Amendment rights—meaning they searched you, you’re car, or you’re home without a valid warrant or probable cause—all the evidence gets thrown out.

How often does this work?

In NYC, courts suppress evidence in about 8 to 12 percent of drug cases based on Fourth Amendment violations. Thats not a huge number, but its not nothing. If the drugs get suppressed, the case is over. The government cant prove trafficking without the drugs.

What your lawyer will investigate:

  • Was the search warrant valid? Was it based on truthful information? Was it stale?
  • Did police have probable cause to search you’re car?
  • Did police have reasonable suspicion to stop you in the first place?
  • Did police violate the “knock and announce” rule?
  • Did police search areas outside the scope of the warrant (e.g., warrant says “living room,” they search the bedroom)?

Key case lawMapp v. Ohio (1961) established the “exclusionary rule”—if police violate the Fourth Amendment, the evidence cant be used in court. New York courts apply this rigorously, so if the search was bad, you’ve got a shot.

Third… I’ll come back to that.

Defense #2: Confidential Informant Problems (Entrapment, Unreliability)

If you’re case is based on a confidential informant (CI)—someone who set you up, recorded you, made controlled buys—you can challenge the CI’s credibility and reliability.

Entrapment defense:

Entrapment is a complete defense if you can prove:

  1. The government (through the CI) induced you to commit the crime, AND
  2. You had no predisposition to commit the crime.

For example: The CI texts you 30 times begging you to sell him cocaine. You say no repeatedly. He offers you $10,000. He says his sick mother needs the money or she’ll die. You finally agree. Thats entrapment—the government created the crime.

But if the CI just asks once, “Hey, can you get me some coke?” and you say “Sure, $500,” thats not entrapment. You were predisposed to sell drugs.

CI unreliability:

Your lawyer can file a motion for a Darden hearing (named after the case People v. Darden). At this hearing, the prosecutor has to disclose:

  • Who the CI is
  • The CI’s criminal history
  • How much the CI was paid
  • Whether the CI has lied in other cases

If the CI has a history of lying, or if he was paid $5,000 to set you up, the judge might find him unreliable and dismiss the case.

Defense #3: Lack of Knowledge / Constructive Possession

What if the drugs werent actually yours?

In NYC, alot of people live in shared apartments, multi-generational homes, or sublet rooms. If drugs are found in a common area—living room, kitchen, hallway—prosecutors have to prove you knew the drugs were there and had dominion and control over them.

Winnable scenarios:

  • Roommate’s bedroom: Drugs found in your roommate’s locked bedroom. You had no access. Thats not your possession.
  • Car passenger: Your a passenger in someone else’s car. Drugs are in the trunk. You didnt know. Prosecutors cant prove you had control.
  • Guest in apartment: Your visiting a friend’s apartment. Police raid it, find drugs in the kitchen. Your arrested along with everyone else. But you dont live there—you have no dominion or control.

Key legal standard: Prosecutors must prove knowing possession. If they cant prove you knew the drugs were there, the charge doesnt stick.

Defense #4: Wiretap Violations (Title III)

If the government used a wiretap (intercepted your phone calls, text messages, or emails), they had to follow strict legal procedures under Title III of the Omnibus Crime Control Act.

Common wiretap violations:

  • Lack of necessity: Prosecutors must show that normal investigative techniques (surveillance, informants) wouldnt work. If they got a wiretap without trying other methods first, its illegal.
  • Minimization failures: Police are required to minimize interception of non-criminal conversations. If they recorded privileged calls (you talking to your lawyer, your doctor, your priest), thats a violation.
  • Stale warrants: Wiretap warrants are valid for 30 days. If police kept recording after the warrant expired, thats illegal.

In SDNY and EDNY, about 18 to 20 percent of wiretap cases result in suppression or dismissal based on technical violations. If the wiretap gets thrown out, the government often loses the whole case.

Defense #5: Misidentification

Sometimes the government gets the wrong person. Maybe you’re name is similar to the real trafficker. Maybe a CI misidentified you. Maybe surveillance photos are blurry and the prosecutor thinks its you, but it isnt.

If the government’s evidence is weak—no fingerprints on the drugs, no DNA, just a CI’s word—your lawyer can argue misidentification and create reasonable doubt.

irregardless of what the prosecutor says, if the jury has reasonable doubt, they must acquit. Thats the standard.

Will You Be Deported If You’re Not a U.S. Citizen?

This is probly the most terrifying consequence for non-citizens facing drug trafficking charges in NYC. And heres the truth: drug trafficking is an “aggravated felony” under immigration law, and it almost always results in deportation.

Let me explain.

What’s an “Aggravated Felony”?

Under the Immigration and Nationality Act (INA) § 101(a)(43)(B), drug trafficking is classified as an aggravated felony. This is the worst category of crimes for immigration purposes. Worse than assault. Worse than robbery. Worse than alot of violent crimes.

What happens if your convicted of an aggravated felony?

  • Mandatory detention: Immigration and Customs Enforcement (ICE) will detain you without bond during removal (deportation) proceedings. You cant get released.
  • No cancellation of removal: Normally, if your facing deportation, you can ask an immigration judge for “cancellation of removal” (basically, mercy—letting you stay in the U.S. because you have family here, you’ve been here for 20 years, etc.). But if your convicted of an aggravated felony, you cant ask for cancellation. Its automatic deportation.
  • No waiver: Unlike other crimes (fraud, DUI), theres no waiver available for aggravated felonies. You cant apply for forgiveness. You cant get a hardship waiver. Your gone.
  • 10-year bar: After deportation, your barred from re-entering the U.S. for at least 10 years. Often its permanent.

Does this apply to green card holders?

Yes. Trust me on this. Even if you have a green card (lawful permanent resident status), even if you’ve lived in the U.S. for 30 years, even if you have U.S. citizen kids, drug trafficking = deportation. No exceptions.

Studies show that about 85% of non-citizens convicted of drug trafficking in NYC are deported within 2 years of conviction.

What If You Take a Plea Deal?

This is the trap alot of people fall into.

Prosecutors offer you a “sweet” plea deal: plead guilty to drug trafficking, we’ll give you probation (no prison time). Sounds great, right? You avoid 5 to 10 years in prison, you go home to you’re family.

But then, 3 months later, ICE shows up at you’re apartment and arrests you. Your deported. Forever.

Bottom line: You traded 5 years in prison for permanent exile from the United States. Was it worth it? Probly not.

What Should Non-Citizens Do?

  • NEVER plead guilty without consulting an immigration lawyer. Your criminal defense lawyer must advise you of deportation consequences (under Padilla v. Kentucky, 2010). If they dont, thats malpractice.
  • Negotiate a different charge. If you can reduce the charge to simple possession (not trafficking), that might not be an aggravated felony. It depends on the drug type and amount. An immigration lawyer can tell you.
  • Go to trial if necessary. I know this sounds crazy, but hear me out: If you plead guilty to trafficking, your definitely getting deported. If you go to trial, you might win (or get convicted of a lesser charge), and even if you lose, you still get deported—but at least you tried. The risk of prison is sometimes worth it compared to the certainty of deportation.

Can You Fight Deportation?

Once your convicted of drug trafficking, fighting deportation is extremely difficult. Your options are:

  • Appeal the criminal conviction: If you can get the conviction overturned, the deportation order goes away.
  • Post-conviction relief: If your lawyer gave you bad advice about deportation (didnt warn you), you can file a motion to vacate the conviction under Padilla v. Kentucky.
  • Withholding of removal or CAT (Convention Against Torture): If your gonna be tortured or killed in you’re home country, you can apply for withholding of removal. But this doesnt give you legal status—you just dont get deported, but you live in limbo.

None of these are easy. The best strategy is to avoid the conviction in the first place.

Warning: If you are not a U.S. citizen, drug trafficking charges can result in permanent deportation. Consult an immigration lawyer before pleading guilty.

What Else Will You Lose? (Job, Apartment, Voting Rights, Student Loans…)

Okay, so you know you might go to prison. You know you might get deported. But thats not all. A drug trafficking conviction has collateral consequences—other punishments that arent part of the criminal sentence but follow you for the rest of you’re life.

Professional Licenses (Revoked or Denied)

If you have a professional license, your probly gonna loose it after a drug trafficking conviction. New York State licensing boards take drug felonies very seriously.

Licenses at risk:

  • Nursing (RN, LPN): NY State Board of Nursing will revoke or deny renewal. A drug trafficking conviction is considered “moral turpitude,” and nurses cant have that.
  • Teaching: NY State Education Department will revoke your teaching license. You cant work in public schools.
  • Real estate: NY Department of State can revoke your real estate license for drug felonies.
  • Commercial driver’s license (CDL): Federal law prohibits CDL holders from driving commercial vehicles after a drug trafficking conviction. Permanent ban.
  • Law license: If your a lawyer, the NY State Bar will disbar you. Permanent.
  • Medical license: Doctors, physician assistants, pharmacists—all lose there licenses after drug trafficking convictions.

So if your a nurse making $80,000 a year, and you get convicted of drug trafficking, your not just going to prison—your losing you’re entire career. When you get out, you cant work as a nurse ever again. You’ll be starting over from scratch.

Student Loans (Federal Aid Suspended)

If your convicted of a drug offense while recieving federal student aid, you lose eligibility for federal loans and grants under the Higher Education Act.

How long?

  • First drug conviction (possession): 1 year suspension
  • Second drug conviction (possession): 2 years suspension
  • Drug trafficking convictionIndefinite suspension (can only be reinstated if you complete a drug rehab program)

So if your in college and you get convicted of drug trafficking, your gonna have to drop out or pay out-of-pocket (which most people cant afford).

Public Housing (Lifetime Ban)

Under federal law (HUD regulations), drug trafficking convictions result in a lifetime ban from public housing. This applies to:

  • NYCHA (New York City Housing Authority) apartments
  • Section 8 housing vouchers
  • Any federally subsidized housing

And heres the kicker: the ban doesnt just apply to you. If your living with you’re family in public housing and you get convicted, the entire family can be evicted. So your conviction doesnt just hurt you—it can make you’re mom, you’re siblings, you’re kids homeless.

Gun Rights (Federal Ban)

If your convicted of any felony (including drug trafficking), you lose you’re right to own or possess firearms. This is a federal law (18 USC § 922(g)), and its permanent. You cant ever own a gun again, even after you finish you’re sentence.

In New York, this also means you cant get a pistol permit, a rifle permit, or a shotgun license. Ever.

Voting Rights (Restored After Release in NY)

Good news here: In 2021, New York passed a law automatically restoring voting rights to people on parole. So if your convicted of drug trafficking and you get out of prison, you can vote again once your released (even if your still on parole).

But while your in prison, you cant vote. So if your sentenced to 15 years, thats 15 years of elections you miss.

Employment (Background Checks)

Most employers run background checks, and a drug trafficking felony shows up. Some employers have “ban the box” policies (they cant ask about criminal history on the initial application), but they can ask later in the hiring process.

Realistically, if your convicted of drug trafficking, your gonna struggle to find employment, especially in:

  • Healthcare
  • Education
  • Finance
  • Government jobs
  • Jobs requiring security clearances

You’ll probly end up in construction, restaurants, gig economy work (Uber, DoorDash), or manual labor. Not that theres anything wrong with that, but its a huge step down if you had a professional career before.

Why Is Fentanyl Prosecuted So Much Harsher in 2025?

If your arrested for drug trafficking in NYC in 2025, and the drug is fentanyl, your in a whole different ballgame. Fentanyl cases are prosecuted more aggressively, sentenced more harshly, and judged more severely than cocaine, heroin, or methamphetamine cases.

Why?

Because fentanyl is killing people. Alot of people.

In 2023, New York City had over 3,000 fentanyl overdose deaths. Thats up 400% from 2015. Fentanyl is now the #1 cause of overdose deaths in NYC, surpassing heroin, cocaine, and prescription opioids.

And heres the thing—fentanyl is 50 to 100 times stronger than morphine. A dose the size of a few grains of salt can kill someone. So when you sell fentanyl, even if you didnt intend to kill anyone, people die. And prosecutors, judges, and juries hate fentanyl traffickers.

Lower Weight Thresholds (Federal)

Federal law treats fentanyl differently than other drugs because its so potent. The mandatory minimum thresholds are much lower:

  • 40 grams of fentanyl = 5-year mandatory minimum (thats about 1.4 ounces)
  • 400 grams of fentanyl = 10-year mandatory minimum

Compare that to cocaine:

  • 500 grams of cocaine = 5-year mandatory minimum (thats 1.1 pounds)
  • 5 kilograms of cocaine = 10-year mandatory minimum

So you need 10 times less fentanyl to trigger the same mandatory minimum sentence as cocaine. If your caught with just 40 grams of fentanyl (a tiny amount), your facing the same 5-year federal sentence as someone caught with over a pound of cocaine.

“Death Resulting” Enhancement (20-Year Minimum)

This is the scariest part. Under federal law (21 USC § 841(b)(1)(C)), if someone dies from using the drugs you sold, the government can charge you with “death resulting,” which carries a 20-year mandatory minimum sentence.

And heres the thing. The government doesnt have to prove you intended to kill anyone. They just have to prove:

  1. You sold (or gave) drugs to someone, AND
  2. That person died from using those drugs.
See also  NY Drug Diversion Attorneys

So lets say you sell fentanyl-laced heroin to someone. They use it, they overdose, they die. NYPD or DEA traces the drugs back to you (through text messages, surveillance, witnesses). Now your facing a 20-year mandatory minimum sentence, even if you didnt know the heroin was laced with fentanyl, even if you didnt know the person was gonna die.

Prosecutors in SDNY and EDNY are charging “death resulting” more and more in fentanyl cases. In 2023, EDNY brought 47 “death resulting” prosecutions, up from jsut 12 in 2019.

Carfentanil (100x Stronger Than Fentanyl)

And heres the thing—wait, this is important—theres now carfentanil on the streets. Carfentanil is a synthetic opioid used to tranquilize elephants. Its 100 times stronger than fentanyl, and 10,000 times stronger than morphine.

A dose the size of a grain of sand can kill you. Even touching it can be dangerous.

If your caught with carfentanil in NYC, prosecutors treat it like a weapon of mass destruction. Your not just a drug dealer—your a public menace. Expect federal charges, expect “death resulting” enhancements, expect 20+ years in prison.

Jury Hostility

In my experiance, NYC juries are far less sympathetic to fentanyl traffickers than to cocaine or marijuana traffickers. Why? Because everyone knows someone whos died from fentanyl, or whos had a family member overdose.

In the 1980s and 1990s, juries might have sympathized with low-level drug dealers (“he was just trying to feed his family”). Not anymore. Not with fentanyl. Juries see fentanyl dealers as killers, and there more likely to convict and recommend harsh sentences.

And heres the thing. If you go to trial on a fentanyl trafficking charge and lose, the judge is probly gonna give you the maximum sentence. Judges are angry about the fentanyl crisis too.

Tactical Advice for Fentanyl Cases

  • DO NOT admit you knew it was fentanyl. If you thought you were selling heroin, and it turned out to be fentanyl, thats a defense (lack of knowledge). Dont say “Yeah, I knew it was fentanyl.”
  • Challenge the “death resulting” causation. If the government charges you with “death resulting,” your lawyer should investigate: Did the victim mix drugs? Did they have pre-existing health conditions? Was there actually a direct causal link between the drugs you sold and the death?
  • Avoid trial if possible. I know it sounds defeatist, but fentanyl cases are hard to win at trial. Juries hate fentanyl. If theres a reasonable plea deal on the table, seriously consider it.

But thats the problem. Prosecutors know juries hate fentanyl, so there less willing to offer good plea deals. Its a tough situation.

What Are the Rockefeller Drug Laws? (And Do They Still Apply?)

If your researching drug trafficking charges in New York, you’ve probly heard of the “Rockefeller Drug Laws.” These were some of the harshest drug sentencing laws in the country, passed in 1973 under Governor Nelson Rockefeller. The question is: do they still apply in 2025?

The answer is kinda complicated. The laws have been reformed (in 2004 and 2009), but they still affect drug trafficking cases today.

What Were the Original Rockefeller Drug Laws?

In 1973, Governor Rockefeller signed a package of laws imposing mandatory minimum sentences for drug offenses. The idea was to “get tough on crime” and deter drug trafficking by locking people up for decades.

Under the original Rockefeller laws:

  • Selling 2 ounces of heroin, cocaine, or other narcotics = 15 years to life in prison (mandatory minimum).
  • Possessing 4 ounces of narcotics = 15 years to life (mandatory minimum).
  • No parole eligibility until serving 15 years.
  • Judges had no discretion—they had to impose the mandatory minimum, even for first-time offenders.

These laws were extraordinarily harsh, and they led to thousands of people serving 15+ years for nonviolent drug offenses.

What Changed in 2004?

In 2004, New York passed the first round of reforms. The changes included:

  • Judicial discretion restored: Judges could now sentence below the mandatory minimums in certain cases (drug treatment, first-time offenders, etc.).
  • Resentencing provisions: People already in prison under the old laws could apply for resentencing and potentially get released early.

But the mandatory minimums themselves (15 years for A-I felonies) werent eliminated. They were just made optional in some cases.

What Changed in 2009? (Drug Law Reform Act)

In 2009, New York passed the Drug Law Reform Act, which made bigger changes:

  • Eliminated most mandatory minimums for first-time offenders: If your a first-time felony offender convicted of an A-I drug felony, the judge can now sentence you to 8 to 20 years instead of the mandatory 15 to 25 years to life.
  • Expanded resentencing: More people in prison under the old laws became eligible for resentencing and early release.
  • Judicial discretion expanded further: Judges got more flexibility to divert defendants to treatment programs instead of prison.

This was a huge improvement. Before 2009, if you were convicted of an A-I drug felony, you were getting at least 15 years, no exceptions. After 2009, first-time offenders could get 8 years (still alot, but better than 15).

Do the Rockefeller Laws Still Apply in 2025?

Yes and no. Heres the current situation:

  • A-I drug felonies still exist: Operating as a major trafficker (NY Penal Law § 220.77), criminal sale of a controlled substance in the 1st degree (§ 220.43), and criminal possession in the 1st degree (§ 220.16) are still A-I felonies.
  • Sentencing ranges: The standard range is still 15 to 25 years to life, BUT first-time offenders can get 8 to 20 years under § 70.70.
  • Mandatory minimums mostly gone: For first-time offenders, there are no mandatory minimums anymore. Judges have discretion.
  • Repeat offenders still get hammered: If you have a prior felony conviction, your back to the old rules—15 to 25 years, no leniency.

So if your a first-time offender arrested for drug trafficking in 2025, your better off than someone arrested in 2008. But if your a repeat offender, the Rockefeller laws still apply in full force.

No easy answer here. Well, probly no easy answer. It depends on you’re criminal history.

How Do Confidential Informant Cases Work in NYC? (And How Can You Beat Them?)

Alot of drug trafficking cases in NYC are built on confidential informants (CIs). These are people who work with NYPD, DEA, or FBI to set up drug buys, wear wires, and record incriminating conversations. If your arrested based on a CI’s testimony, you need to understand how these cases work—and how to challenge them.

What’s a “Controlled Buy”?

A controlled buy is when a CI, working with the police, buys drugs from you while wearing a wire (recording device) or under police surveillance. Heres how it works:

  1. The CI contacts you: The CI (who might be someone you know, or a stranger) asks to buy drugs from you.
  2. Police provide the money: NYPD or DEA gives the CI cash (usually pre-recorded serial numbers, photocopied bills) to make the buy.
  3. The CI wears a wire: The CI is equipped with a hidden recording device to record the transaction.
  4. Police surveil the buy: Undercover officers watch from a distance (car, rooftop, etc.) to make sure the buy happens.
  5. You sell drugs to the CI: You hand over the drugs, the CI gives you the cash.
  6. Arrest: Either immediately after the buy, or later (after multiple buys to build a stronger case), police arrest you.

The government then uses the recording, the drugs (which the CI turned over to police), and the CI’s testimony to prove you sold drugs.

How Much Do CIs Get Paid?

NYPD and DEA pay CIs for each arrest. The amount varies, but heres the typical range:

  • $500 to $2,000 for low-level cases (street-level dealers)
  • $5,000 to $10,000 for bigger cases (trafficking organizations)
  • $25,000+ for major federal cases (cartel-level)

So the CI has a financial incentive to set people up. The more arrests, the more money they make. This creates a risk of false accusations—the CI might lie or exaggerate to get paid.

Who Are CIs?

Most CIs are criminals themselves, facing their own charges, who agree to cooperate in exchange for leniency. For example:

  • A low-level dealer gets arrested, faces 3 to 5 years in prison.
  • NYPD offers a deal: “Help us arrest 5 bigger dealers, and we’ll drop your charges.”
  • The dealer agrees, becomes a CI, sets up 5 controlled buys.
  • His charges get dismissed or reduced to probation.

So the CI is motivated by avoiding prison and getting paid. This makes them inherently unreliable.

Do You Get to Know Who the CI Is?

Not right away. The government doesnt have to disclose the CI’s identity before trial. But your lawyer can file a motion for a Darden hearing (named after People v. Darden, a NY case), where the court evaluates whether the CI is reliable.

At the Darden hearing, the prosecutor has to disclose:

  • The CI’s name and background
  • The CI’s criminal history
  • How much the CI was paid
  • Whether the CI has lied in other cases

If the judge finds the CI is unreliable (e.g., the CI has lied before, was paid alot of money, has serious credibility issues), the judge might dismiss the case or exclude the CI’s testimony.

Can You Beat a CI Case?

Yes, but its hard. Heres how:

1. Entrapment Defense

Entrapment is when the government (through the CI) induces you to commit a crime you wouldnt have committed otherwise. The legal standard is:

  • The government (CI) created the crime (provided the idea, the money, the pressure), AND
  • You had no predisposition to commit the crime.

Example of entrapment: The CI texts you 50 times begging you to sell him drugs. You say no repeatedly. He offers you $10,000. He says his dying mother needs medicine. You finally cave and sell him drugs. Thats entrapment—you werent predisposed, and the government created the crime.

Example of not entrapment: The CI asks once, “Can you get me some coke?” You say “Yeah, $500.” Thats not entrapment—you were predisposed to sell drugs, and the CI just gave you an opportunity.

2. Illegal Recording

New York is a “one-party consent” state, meaning the CI can record you without your knowledge (because the CI consents to the recording). But if the recording was done improperly—device malfunctioned, CI recorded privileged conversations (you talking to your lawyer), police listened to non-drug conversations without minimizing—your lawyer can move to suppress the recording.

3. CI Credibility (Darden Hearing)

If the CI has lied in other cases, has a serious criminal record, or was paid alot of money, your lawyer can challenge his credibility at a Darden hearing. If the judge finds the CI unreliable, the case might get dismissed.

In NYC, about 15% of CI cases get dismissed on entrapment, illegal recording, or CI credibility grounds. Its not a high percentage, but its worth fighting.

anyways, the key is to hire a lawyer whos handled CI cases before and knows how to attack the CI’s reliability.

Can You Challenge a Search Warrant in NYC?

If NYPD Narcotics Division or the DEA executed a search warrant on you’re apartment and found drugs, you might think the case is over. But its not. Search warrants can be challenged, and if the warrant was invalid or executed improperly, all the evidence gets thrown out.

No-Knock Warrants—Are They Legal?

Yes, but there heavily regulated. A “no-knock” warrant allows police to enter you’re home without knocking and announcing first. NYPD uses no-knock warrants frequently in drug cases, arguing that knocking would give suspects time to destroy evidence (flush drugs down the toilet, etc.).

When are no-knock warrants legal?

  • The warrant must specifically authorize “no-knock” entry.
  • The affidavit (sworn statement supporting the warrant) must explain why no-knock entry is necessary (e.g., evidence destruction, officer safety).
  • Even with a no-knock warrant, police are supposed to knock and announce (shout “Police! Search warrant!”) and wait 15 seconds before breaking in, unless theres an immediate threat.

Common no-knock warrant problems:

  • Warrant doesnt authorize no-knock: If the warrant says “knock and announce” but police break in without knocking, thats illegal.
  • No justification for no-knock: If the affidavit doesnt explain why no-knock entry is necessary, the no-knock provision might be invalid.
  • Excessive force: If police use militarized tactics (flash-bang grenades, assault rifles) for a nonviolent drug case, courts sometimes suppress evidence.

What If They Raided the Wrong Apartment?

This happens alot in NYC. Apartment buildings have identical layouts—Apt 3B, 3C, 3D—and police sometimes hit the wrong unit.

If the warrant says “Apt 3B” and your in “Apt 3C,” the search is illegal. All evidence gets suppressed. Case over.

Your lawyer should get a copy of the search warrant and verify the address. If its wrong, file a motion to suppress immediately.

NYC has paid over $40 million in settlements for wrong-address raids in the last decade. Its a serious problem, and courts take it seriously.

Stale Information—Can You Suppress Evidence?

A search warrant is based on an affidavit (sworn statement) from a police officer or detective explaining why they believe drugs are in you’re apartment. Usually, the affidavit says something like:

“On January 15, 2025, a confidential informant purchased cocaine from the defendant at 123 Main Street, Apt 3B. Based on this, I believe drugs are currently located at that address.”

But what if the CI buy happened 60 days ago? Or 90 days ago? The information is “stale”—the drugs might not be there anymore.

Courts evaluate staleness on a case-by-case basis, but generally:

  • Less than 30 days: Probly okay.
  • 30 to 60 days: Questionable.
  • More than 60 days: Likely stale (unless the affidavit shows ongoing trafficking activity).

If the warrant is based on stale information, your lawyer can argue the warrant lacked probable cause, and the evidence should be suppressed.

Franks Hearing—What’s That?

Franks hearing (named after Franks v. Delaware) is a court hearing where you challenge the truthfulness of the search warrant affidavit.

If the affidavit contains lies or material omissions, and if those lies or omissions were necessary to establish probable cause, the warrant is invalid and all evidence gets suppressed.

For example:

  • The affidavit says “CI made a controlled buy on March 1.” But the CI never made that buy—the detective lied.
  • The affidavit says “Defendant has 3 prior drug convictions.” But you only have 1 prior conviction—the detective exaggerated.
  • The affidavit omits that the CI failed a polygraph test or has lied in other cases.

If you can prove the affidavit is false or misleading, the entire warrant is invalidated.

Mapp Hearings (Suppression Motions)

In New York, if you believe the search was illegal, your lawyer files a motion for a Mapp hearing (named after Mapp v. Ohio). At the hearing, the prosecutor has to prove the search was legal. If they cant, the evidence gets suppressed.

In NYC, courts suppress evidence in about 8 to 12% of drug cases based on Fourth Amendment violations. Thats not a huge number, but its worth trying. If the drugs get suppressed, the case is over.

More on this later—actualy, I’m not gonna come back to that, but you get the idea. Challenge the search warrant. Always.

Should You Take a Plea Deal or Go to Trial?

This is one of the hardest decisions you’ll ever make. Should you plead guilty and take the prosecutor’s offer, or should you roll the dice and go to trial? Theres no universal answer—it depends on the strength of the government’s case, the plea offer, you’re criminal history, and wether your willing to risk a much harsher sentence if you lose at trial.

How Often Do Drug Trafficking Cases Go to Trial?

Almost never. In federal court, over 95% of drug trafficking cases end in guilty pleas. In New York state court, the number is similar—around 90 to 95% plead out.

Why? Because trials are risky, expensive, and time-consuming. And because prosecutors offer plea deals that are significantly better than the sentence you’d get if you lose at trial.

What’s the “Trial Penalty”?

The “trial penalty” is the difference between the sentence you’d get if you plead guilty vs. the sentence you’d get if you go to trial and lose.

Studies show that defendants who go to trial and lose get sentences that are 2 to 3 times longer than defendants who plead guilty.

For example:

  • Plea deal: Plead guilty to A-II felony, get 5 years in state prison.
  • Trial (lose): Convicted of A-I felony, get 15 years in state prison.

Why does this happen? Several reasons:

  • Acceptance of responsibility: In federal court, if you plead guilty, you get a 2 to 3-level reduction in you’re sentencing guideline (about 20 to 30% shorter sentence). If you go to trial, you dont get that reduction.
  • Judges punish defendants who “waste the court’s time”: Some judges resent defendants who demand a trial (even though its your constitutional right). If you lose, they give you the maximum sentence.
  • Prosecutors charge you with everything: If your negotiating a plea, prosecutors might offer to drop some charges. If you go to trial, they throw every possible charge at you (possession, sale, conspiracy, etc.), and if the jury convicts on all counts, the sentences stack.

I know what your thinking: “Thats not fair. I have a right to a trial.” And your right—you do have that right. But the system is designed to punish people who exercise that right. Its called the trial penalty, and its real.

When Should You Take a Plea Deal?

  • The evidence against you is strong: If theres a video of you selling drugs, a wiretap recording, a CI wearing a wire, and the drugs were found in you’re apartment, your probly gonna lose at trial. Take the plea.
  • The plea deal is reasonable: If the prosecutor offers to reduce an A-I felony to a B felony (cutting you’re sentence from 15 years to 3 to 5 years), thats a good deal. Take it.
  • Your a non-citizen and the plea avoids deportation: If the prosecutor will reduce the charge to simple possession (not an aggravated felony), and that keeps you from being deported, take the deal. Staying in the U.S. is worth more than avoiding a year or two in prison.
  • You cant afford a long trial: Trials are expensive. If you cant afford $50,000 to $100,000 in legal fees, a plea deal might be you’re only option.

When Should You Go to Trial?

  • The evidence is weak: If the government’s case relies on a shaky CI, a questionable search warrant, or weak circumstantial evidence, you might win at trial.
  • You have a strong defense: Entrapment, illegal search, misidentification, lack of knowledge—if you have a real defense (not just “I didnt do it”), trial might be worth it.
  • The plea deal is terrible: If the prosecutor offers 15 years and you’d get 20 years if you lose at trial, whats the difference? You might as well go to trial and take the chance.
  • Your a non-citizen and any conviction = deportation: If any guilty plea results in deportation, you have nothing to lose by going to trial. Even if you probly lose, theres a chance you win, and if you lose, your getting deported anyway.

Most people… well, many people anyway… should take a reasonable plea deal. But if the deal is bad, or if you have a strong defense, trial is an option.

What’s a “Dunne Plea”?

A Dunne plea (named after People v. Dunne) is a type of conditional guilty plea that preserves you’re right to appeal one specific issue, usually an illegal search.

Heres how it works:

  1. You file a motion to suppress evidence (arguing the search was illegal).
  2. The judge denies your motion.
  3. You plead guilty, but you preserve the right to appeal the suppression ruling.
  4. If the appellate court reverses the suppression ruling (finds the search was illegal), you’re conviction gets vacated.

Dunne pleas are useful when you think the search was illegal but your not confident enough to go to trial. You plead guilty, serve a shorter sentence, but you still get to appeal the search issue.

How Long Does a Drug Trafficking Case Take in NYC?

If your arrested for drug trafficking in New York City, how long until its over? How long until trial? How long until sentencing? Heres the realistic timeline.

Arrest to Arraignment: 24 to 48 Hours

After your arrested, you’ll be taken to central booking (100 Centre Street in Manhattan, 120 Schermerhorn in Brooklyn, etc.). Processing takes 4 to 8 hours (fingerprints, photos, background check).

Then you wait in a holding cell until arraignment. By law, you must be arraigned within 24 hours of arrest (or 48 hours if arrested on a weekend).

At arraignment, the judge:

  • Reads the charges
  • Asks how you plead (plead not guilty)
  • Sets bail or releases you on you’re own recognizance (ROR)
  • Sets the next court date (usually 2 to 4 weeks later)

Arraignment to Trial: 6 to 12 Months (State Court)

In New York state court, drug trafficking cases usually take 6 to 12 months from arraignment to trial (if you go to trial). Most cases dont go to trial—there resolved by plea deal within 3 to 6 months.

Why does it take so long?

  • Discovery: The prosecutor has to turn over all evidence (police reports, lab results, witness statements, recordings, etc.). This takes weeks or months.
  • Pre-trial hearings: Mapp hearings (suppression motions), Dunaway hearings (challenging the arrest), Huntley hearings (challenging confessions), Darden hearings (CI reliability). Each hearing takes 1 to 3 months to schedule.
  • Plea negotiations: Your lawyer and the prosecutor go back and forth negotiating a plea deal. This can take months.
  • Court backlog: NYC courts are overwhelmed. Judges are handling 200+ cases each. Court dates get adjourned (postponed) constantly.
See also  NY Medical License Defense Attorney

Speedy Trial (CPL § 30.30)

In New York, you have a statutory right to a speedy trial under Criminal Procedure Law (CPL) § 30.30. For felonies, the prosecutor must be “ready for trial” within 6 months of arraignment (180 days).

But heres the catch: alot of delays dont count toward the 6-month clock. For example:

  • Delays caused by the defense (your lawyer asks for an adjournment) = doesnt count
  • Pre-trial hearings = doesnt count
  • Time for discovery = doesnt count (in some cases)

So even though the law says “6 months,” cases often take 9 to 12 months because of these exclusions.

If the prosecutor isnt ready within 6 months (after accounting for exclusions), you can file a motion to dismiss under CPL § 30.30. If the judge grants it, the case is dismissed. This happens in maybe 5 to 10% of cases.

Arraignment to Trial: 12 to 18 Months (Federal Court)

Federal cases take longer than state cases. In SDNY and EDNY, drug trafficking cases usually take 12 to 18 months from arrest to trial.

Why? Federal cases are more complex. More evidence, more witnesses, more pre-trial motions. And federal prosecutors are slower to turn over discovery.

Federal Speedy Trial Act

In federal court, the Speedy Trial Act requires trial to begin within 70 days of indictment (or arraignment, whichever is later).

But just like in state court, alot of delays are “excludable”:

  • Pre-trial motions = excludable
  • Time for defense to review discovery = excludable
  • Plea negotiations = excludable

So even though the law says “70 days,” federal cases routinely take 12 to 18 months because of these exclusions.

Trial to Sentencing: 2 to 4 Months

If you go to trial and get convicted, sentencing usually happens 2 to 4 months later. During this time:

  • The Probation Department prepares a pre-sentence report (PSR), which includes you’re criminal history, background, and a sentencing recommendation.
  • Your lawyer files a sentencing memo arguing for a lower sentence.
  • The prosecutor files a memo arguing for a higher sentence.
  • The judge reviews everything and decides you’re sentence.

Total Timeline

Heres the realistic timeline for a drug trafficking case in NYC:

  • State court (plea deal): 3 to 6 months from arrest to sentencing
  • State court (trial): 9 to 15 months from arrest to sentencing
  • Federal court (plea deal): 6 to 12 months from arrest to sentencing
  • Federal court (trial): 18 to 24 months from arrest to sentencing

So if your arrested today, you might not be sentenced for a year or more. During that time, you might be in jail (if you cant make bail) or out on bail waiting for your case to resolve.

How Much Does a Drug Trafficking Defense Lawyer Cost? (And What If You Can’t Afford One?)

This is the question everyone wants to know but nobody wants to ask: How much is this gonna cost?

Drug trafficking defense is expensive. Theres no way around it. But the cost depends on wether its state or federalhow complex the case is, and wether you go to trial.

Private Attorney Retainer (State Court)

If your charged with drug trafficking in New York state court (Manhattan Supreme Court, Brooklyn Supreme Court, etc.), expect to pay:

  • $15,000 to $35,000 retainer for pre-trial representation (arraignment, bail hearing, discovery, plea negotiations)
  • $25,000 to $75,000 additional if the case goes to trial

Total cost: $15,000 to $50,000 for a plea deal, $40,000 to $100,000+ if you go to trial.

Private Attorney Retainer (Federal Court)

Federal cases are way more expensive because there more complex and time-consuming.

  • $50,000 to $100,000 retainer for pre-trial representation
  • $75,000 to $200,000 additional if the case goes to trial

Total cost: $50,000 to $150,000 for a plea deal, $125,000 to $300,000+ for a trial.

Why So Expensive in NYC?

  • Court appearances: Manhattan Supreme Court is downtown. Your lawyer has to travel there for every court date (could be 10 to 20 appearances). At $400 to $600 per hour, that adds up.
  • Investigation costs: Hiring private investigators to interview witnesses, review surveillance footage, track down evidence. Costs: $5,000 to $15,000.
  • Expert witnesses: Drug chemists to challenge lab results, forensic experts to challenge search warrants, etc. Costs: $3,000 to $10,000 per expert.
  • Trial preparation: Preparing for trial takes 100 to 300 hours of attorney time. At $500/hour, thats $50,000 to $150,000.

Do Lawyers Offer Payment Plans?

Yes, most NYC criminal defense attorneys offer payment plans. Typical arrangement:

  • $5,000 to $10,000 down (to retain the lawyer)
  • $1,000 to $2,000 per month until the retainer is paid off

Some lawyers also accept credit cards, and some clients take out loans or borrow money from family.

But heres the reality: if you cant come up with at least $5,000 to $10,000 upfront, most private attorneys wont take you’re case. You’ll end up with a public defender or court-appointed attorney.

Public Defender (Free)

If you cant afford a lawyer, the court will appoint a public defender to represent you for free.

Pros:

  • Free (you dont pay anything)
  • Public defenders are experienced trial attorneys (they handle hundreds of cases per year)
  • Some public defenders are excellent lawyers

Cons:

  • Overworked: Public defenders in NYC handle 200+ cases at a time. They dont have time to investigate you’re case thoroughly.
  • Limited resources: Public defender offices have tiny budgets for investigators and expert witnesses. They cant hire the same resources a private attorney can.
  • Pressure to plea: Public defenders are under intense pressure to resolve cases quickly (to reduce their caseload). There more likely to push you to take a plea deal, even if you have a winnable defense.

18-B Court-Appointed Attorney

In New York, if you dont qualify for a public defender (because you make too much money) but you still cant afford a private attorney, the court can appoint an 18-B attorney (named after Article 18-B of the County Law).

18-B attorneys are private lawyers who take court appointments. The government pays them $90 per hour (for felonies) out of court.

Quality: It varies. Some 18-B attorneys are great. Some are terrible. You dont get to choose—the court assigns someone to you.

Does It Actually Matter? (Private vs. Public Defender)

I know what your thinking: “Arent all lawyers the same? Doesnt everyone get the same representation?”

No. Theres a real difference in outcomes.

Studies show that defendants with private attorneys get sentences that are, on average, 2 to 3 years shorter than defendants with public defenders, even controlling for the severity of the crime and criminal history.

Why?

  • Time and attention: Private attorneys have 20 to 30 cases. Public defenders have 200+ cases. Who do you think has more time to investigate you’re case?
  • Resources: Private attorneys can hire investigators, expert witnesses, forensic specialists. Public defenders cant.
  • Negotiating leverage: Prosecutors know that private attorneys are more likely to go to trial (because there being paid to fight). Public defenders are more likely to plea out (because there overworked). So prosecutors offer better deals to private attorneys.

If you can beg, borrow, or scrape together $15,000 to $25,000, do it. Hire a private attorney. It makes a real difference.

Spodek Law Group

At the Spodek Law Group, we handle drug trafficking cases in all five boroughs (Manhattan, Brooklyn, Queens, the Bronx, Staten Island) and in federal court (SDNY and EDNY). We offer:

  • Free consultations: Call 212-300-5196 to discuss you’re case.
  • Payment plans: We understand most people dont have $50,000 sitting around. We work with you.
  • 24/7 availability: If your arrested at 2:00 AM, call us. We’ll be there.

Can You Get Treatment Instead of Prison?

If your facing drug trafficking charges and you have a substance abuse problem, you might be eligible for a treatment program instead of prison. These programs are called “alternative to incarceration” (ATI) or “drug diversion” programs, and there designed to get you clean instead of locking you up.

DTAP (Drug Treatment Alternative Program) – Brooklyn

The most well-known program in NYC is DTAP, run by the Brooklyn District Attorney’s Office. DTAP is a rigorous 18 to 24-month residential and outpatient treatment program for people charged with drug offenses (including trafficking).

How it works:

  1. You’re arrested for drug trafficking (or another drug offense).
  2. Brooklyn DA screens you for DTAP eligibility.
  3. If accepted, you enter the program instead of going to trial.
  4. You complete 18 to 24 months of treatment (residential rehab, then outpatient counseling, drug testing, job training).
  5. If you successfully complete the program, the charges are dismissed. No conviction, no prison time.

Eligibility:

  • Charged with a drug offense in Brooklyn
  • Substance abuse problem (addiction to drugs or alcohol)
  • No violent felony convictions
  • Willing to plead guilty (but sentencing is deferred pending program completion)

Success rate: About 50% of participants successfully complete DTAP. Those who complete it avoid prison entirely.

TASC (Treatment Alternatives for Safer Communities)

TASC is another diversion program available in Manhattan, the Bronx, and Queens (not Brooklyn—Brooklyn has DTAP). Its similar to DTAP: you enter treatment, complete the program, charges get dismissed.

New York Drug Treatment Court

NY Drug Treatment Courts are specialized courts that handle drug cases. Instead of going through the regular criminal court system, you appear before a Drug Treatment Court judge who monitors you’re progress in treatment.

How it works:

  1. You plead guilty to the drug charge.
  2. Sentencing is deferred (postponed).
  3. You enter a treatment program (outpatient counseling, drug testing, etc.).
  4. You appear in court every 2 to 4 weeks to update the judge on you’re progress.
  5. If you complete the program (usually 12 to 24 months), the judge might reduce you’re sentence or dismiss the charges.

Eligibility for Treatment Programs

Most treatment programs exclude people charged with major drug trafficking (especially A-I felonies like operating as a major trafficker). Why? Because prosecutors view major traffickers as “dealers” (not addicts), and treatment programs are designed for addicts.

But if your charged with a lower-level trafficking offense (B felony, C felony) and you can show that you have a substance abuse problem (your not just a dealer, your also a user), you might be eligible.

Your lawyer should explore this option, especially if your in Brooklyn (DTAP is the best program in the country).

What Actually Happens During the Legal Process?

If your arrested for drug trafficking in NYC, heres what to expect step-by-step:

Step 1: Arraignment

Within 24 to 48 hours of arrest, you’ll appear before a judge for arraignment. The judge will:

  • Read the charges against you
  • Ask how you plead (plead NOT GUILTY)
  • Decide bail (ROR, cash bail, or remand)
  • Set the next court date

This takes 5 to 10 minutes. Your lawyer (if you have one) will argue for low bail or ROR.

Step 2: Discovery

Discovery is when the prosecutor turns over all evidence against you: – Police reports – Lab results (drug analysis) – Witness statements – Videos, photos, recordings – Search warrant affidavits

In New York, prosecutors are required to turn over discovery within 15 days of arraignment (under the 2020 discovery reform law). In federal court, discovery can take months.

Step 3: Pre-Trial Hearings

Your lawyer will file motions challenging the evidence. Common hearings include:

  • Mapp hearing: Challenge the legality of the search (Fourth Amendment)
  • Dunaway hearing: Challenge the legality of the arrest
  • Huntley hearing: Challenge the admissibility of your statements to police
  • Darden hearing: Challenge the reliability of a confidential informant
  • Sandoval hearing: Determine what prior convictions the prosecutor can mention if you testify at trial

Each hearing takes 1 to 3 months to schedule and resolve.

Step 4: Plea Negotiations

While pre-trial hearings are happening, your lawyer and the prosecutor are negotiating a plea deal. The prosecutor might offer:

  • Reduce A-I felony to A-II felony (lower sentence)
  • Reduce A-I to B felony (much lower sentence)
  • Diversion program (DTAP, drug treatment court)
  • Probation instead of prison (rare for trafficking, but possible for first-time offenders with small amounts)

Your lawyer will present each offer to you and advise you wether to take it or reject it.

Step 5: Trial (If No Plea Deal)

If you reject the plea deal (or if the prosecutor wont offer one), the case goes to trial. Heres what happens:

  • Jury selection: Lawyers question potential jurors, select 12 jurors and 2 alternates. Takes 1 to 3 days.
  • Opening statements: Prosecutor and defense attorney each give a 20 to 30-minute opening statement explaining the case.
  • Prosecution case: Prosecutor calls witnesses (police officers, confidential informants, lab technicians, etc.) and presents evidence (drugs, recordings, photos). Takes 2 to 5 days.
  • Defense case: Your lawyer calls witnesses (if any) and presents you’re defense. You dont have to testify (Fifth Amendment right to remain silent). Takes 1 to 3 days.
  • Closing arguments: Both sides give final arguments to the jury. Takes 1 to 2 hours each.
  • Jury deliberation: The jury goes into a room and decides: guilty or not guilty. Takes 2 hours to 3 days.
  • Verdict: The jury announces its decision. If guilty, sentencing happens 2 to 4 months later. If not guilty, your free.

Step 6: Sentencing

If you plead guilty or are convicted at trial, the judge sentences you 2 to 4 months later. At sentencing:

  • The prosecutor argues for a harsh sentence
  • Your lawyer argues for a lenient sentence
  • You (and you’re family, if they want) can speak
  • The judge decides the sentence

The judge will consider:

  • The severity of the crime
  • You’re criminal history
  • Wether you accepted responsibility
  • Mitigating factors (addiction, family circumstances, employment, etc.)

Then the judge announces the sentence, and you’re taken into custody (if your not already in jail).

Can You Represent Yourself? (No. Here’s Why.)

Technically, you have a constitutional right to represent yourself in court. Its called “pro se” representation. But you should never, ever do this in a drug trafficking case.

Why You Need a Lawyer

1. Legal complexity

Drug trafficking law is insanely complicated. You need to understand:

  • NY Penal Law Article 220 (30+ different drug offenses)
  • Federal drug statutes (21 USC § 841, § 846, § 960)
  • Fourth Amendment search and seizure law
  • Evidentiary rules (what evidence is admissible in court)
  • Sentencing guidelines (state and federal)
  • Immigration law (if your a non-citizen)

Lawyers spend 3 years in law school and decades practicing to learn this stuff. You cant learn it by Googling.

2. Investigation

A good lawyer hires private investigators to:

  • Interview witnesses
  • Review surveillance footage
  • Challenge the government’s evidence
  • Find exculpatory evidence (evidence that proves your innocence)

If your representing yourself, you dont have access to investigators. You dont have the time or resources to do this yourself.

3. Negotiation leverage

Prosecutors dont negotiate with pro se defendants. Why? Because they know you dont understand the law, you dont know what a “good” plea deal looks like, and there gonna steamroll you.

But if you have a lawyer—especially a respected lawyer who prosecutors know and fear—prosecutors offer better deals. Why? Because they know that lawyer will take the case to trial if the deal isnt fair.

4. Trial experience

Trials are incredibly complex. You need to know how to:

  • Question witnesses (direct examination, cross-examination)
  • Object to inadmissible evidence
  • Present opening and closing arguments
  • Navigate evidentiary rules

If you’ve never tried a case before, your gonna lose. Prosecutors are trial attorneys—they do this every day. You dont stand a chance.

Public Defender vs. Private Attorney—Real Differences

Look. I covered this earlier, but its worth repeating. Private attorneys get better results than public defenders, on average.

Why?

  • Private attorneys have fewer cases (20 to 30 vs. 200+)
  • Private attorneys have more resources (investigators, expert witnesses)
  • Private attorneys have more time to prepare
  • Prosecutors know private attorneys are more likely to go to trial, so they offer better plea deals

If you can afford a private attorney, hire one. If you cant, use a public defender—but understand the limitations.

When Should You Hire a Lawyer? (Immediately.)

Seriously. The moment your arrested, call a lawyer. Dont wait. Dont talk to the police first. Dont try to “explain yourself.” Call a lawyer.

Why?

  • Bail hearing: At arraignment (24 to 48 hours after arrest), the judge decides bail. If you have a lawyer there arguing for low bail or ROR, your more likely to get released. If you dont have a lawyer, the judge might set bail at $100,000, and your stuck in jail for months.
  • Preserve evidence: The longer you wait, the more evidence disappears. Witnesses forget details. Surveillance footage gets deleted. Your lawyer needs to act immediately to preserve evidence.
  • Prevent mistakes: If you talk to the police without a lawyer, your gonna say something incriminating. Dont do it. Shut up and call a lawyer.

And heres the thing. The Spodek Law Group is available 24/7. If your arrested at 3:00 AM on a Sunday, call us at 212-300-5196. We’ll be there.

You Need a Lawyer Right Now—Here’s What to Do Next

If your reading this, your probly in crisis mode. You’ve been arrested, or someone you love has been arrested, and your terrified about what’s gonna happen next. I get it. Drug trafficking charges in New York City are life-altering. Your looking at years—maybe decades—in prison. You might lose you’re job, you’re apartment, you’re family. If your not a U.S. citizen, you might get deported. Forever.

But heres the truth: you still have options. You can fight this. You can challenge the evidence. You can negotiate a better plea deal. You can avoid the worst-case scenario. But you need to act right now.

What You Should Do Immediately

First, stop talking. Dont talk to the police. Dont talk to detectives. Dont try to “explain yourself.” Invoke you’re right to remain silent. Say: “I want a lawyer. I’m not answering any questions.” Then shut up.

Second, call a lawyer. Not tomorrow. Not next week. Right now. The sooner you have a lawyer, the better you’re chances of beating this case or getting a favorable plea deal.

Why Choose Spodek Law Group?

At the Spodek Law Group, we’ve been defending people accused of drug trafficking in New York City for over 45 years. We know the prosecutors. We know the judges. We know the law. And we know how to win.

Our managing partner, Todd Spodek, has handled hundreds of drug trafficking cases in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as in federal court (SDNY and EDNY). We’ve gotten charges dismissed, evidence suppressed, and clients acquitted. We’ve negotiated plea deals that kept people out of prison. We’ve kept non-citizens from being deported. We’ve saved lives.

What We Offer:

  • 24/7 availability: If your arrested at 2:00 AM, call us. We’ll answer.
  • Free consultation: We’ll review you’re case, explain you’re options, and give you honest advice—no charge.
  • Payment plans: We understand most people dont have $50,000 sitting around. We’ll work with you.
  • Aggressive defense: We dont just plead our clients out. We fight. We challenge the evidence. We file suppression motions. We go to trial when necessary.
  • Results: We’ve gotten alot of drug trafficking cases dismissed or reduced. We cant guarantee a specific outcome (no ethical lawyer can), but we’ll give you the best defense possible.

Contact Us Right Now

Dont wait. Every hour you wait is an hour the government is building its case against you. Call us right now at:

📞 212-300-5196

Our office is located in New York City, and we represent clients in all five boroughs (Manhattan, Brooklyn, Queens, the Bronx, Staten Island) and in federal court (Southern District and Eastern District of New York).

What Happens During the Consultation?

When you call, heres what will happen:

  1. We’ll listen: Tell us what happened. When were you arrested? What are the charges? What did the police say? What evidence do they have?
  2. We’ll analyze: We’ll review the facts of you’re case and identify potential defenses (illegal search, entrapment, lack of knowledge, etc.).
  3. We’ll explain you’re options: Should you fight the charges or negotiate a plea? What are the realistic outcomes? What’s the best strategy?
  4. We’ll discuss pricing: We’ll explain our fees and payment options. No hidden costs, no surprises.
  5. We’ll get started: If you hire us, we’ll start working on you’re case immediately—filing paperwork, contacting prosecutors, preparing for bail hearings, etc.

Real talk: You cant do this alone. Drug trafficking cases are too complex, too serious, and the consequences are too severe. You need an experienced criminal defense attorney who knows NYC courts, knows the prosecutors, and knows how to win.

Call the Spodek Law Group right now at 212-300-5196. We’re here to help.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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