(Last Updated On: October 17, 2023)Last Updated on: 17th October 2023, 10:57 pm
Queens Drug Possession Lawyers
Getting arrested for drug possession can be scary. Even if it’s a small amount for personal use, the penalties can be severe. That’s why it’s so important to get a good lawyer if you’re facing drug charges in Queens, NY. In this article, we’ll break down everything you need to know about drug possession laws in Queens, and how an experienced lawyer can help.
Types of Drug Charges in Queens
There are a few main drug charges you can face in Queens:
- Possession of a controlled substance – This is when you have drugs on you, like cocaine, heroin, ecstasy etc. The amount doesn’t matter.
- Possession with intent to sell – This charge means you had a large enough quantity that prosecutors think you planned to sell it.
- Sale of a controlled substance – This is if you actually sold drugs to someone.
- Possession of drug paraphernalia – Things like pipes, baggies, scales etc. can count too.
The specific drug you had and the amount impacts the charges. We’ll break the laws down more below.
New York Drug Possession Laws
In New York, drug laws are based on the controlled substance and the amount you had. Here’s a quick overview:
Marijuana Possession
Recreational marijuana isn’t legal yet in New York. For now, any amount can lead to a misdemeanor charge:
- Up to 2 oz is a max $150 fine.
- 2-8 oz moves to a max $250 fine and up to 15 days in jail.
- 8 oz to 1 lb is a misdemeanor up to 1 year in jail and $1,000 fine.
- More than 1 lb is a felony with over 1 year in prison.
Selling any amount of marijuana is a felony too. So even passing a joint can count as a sale.
Cocaine, Heroin, and Other Drugs
Possession of even a small amount of drugs like cocaine, heroin, meth and ecstasy is a misdemeanor. The max penalties are:
- 1 year in jail
- $1,000 fine
Selling these drugs, or possessing large amounts (over 500 mg of cocaine for example), leads to much stiffer felony charges. You can face years in state prison.
Common Defenses Against Drug Charges
The good news is there are defenses an experienced lawyer can use to fight the charges. Some common ones include:
- Illegal search – If the police didn’t have probable cause or a warrant, the evidence may get thrown out.
- Possession vs intent – For small amounts, it’s hard to prove you planned to sell.
- Not your drugs – If passengers left drugs in your car, you may not be liable.
- False positives – Drug tests and field kits often have errors.
An aggressive lawyer will examine every part of your arrest to build a strong defense. Don’t take a plea deal until you understand all your options.
Why You Need a Queens Drug Crime Lawyer
Trying to navigate these laws alone is overwhelming. An experienced Queens drug crime lawyer has the knowledge to protect your rights and future. Here’s how we can help:
- Get weak charges dismissed – We’ll exploit every flaw in the prosecution’s case to get charges reduced or dismissed.
- Negotiate with the DA – Queens prosecutors are often open to plea bargains to avoid trial.
- Build an aggressive defense – We’ll craft a defense strategy focused on getting you acquitted.
- Avoid jail time – Our #1 goal is keeping you out of jail and protecting your record.
- Know which programs you qualify for – Drug court, rehab diversion, and other programs could lead to dismissed charges.
You need someone who knows these laws inside out. Most drug cases end in plea deals, so you need leverage to get the best offer. An attorney provides that leverage.
Finding the Best Drug Crime Lawyer in Queens
Not every lawyer has the skills to take on the Queens DA’s office and win. Here are tips for finding the best one for your case:
- Focus on criminal defense – Avoid lawyers who do 20 different types of law. You want someone who specializes in drug crimes.
- Check their trial record – Have they taken drug cases to trial and won? Not all lawyers have real courtroom experience.
- Find someone local – A lawyer who practices in Queens regularly will know the judges and prosecutors.
- Make sure they listen – You want a lawyer who takes time to understand your side.
- Be wary of guarantees – Ethical lawyers won’t make unrealistic promises.
Don’t just choose the cheapest lawyer or the first person you talk to. This is your freedom on the line. Vet each lawyer thoroughly.
How We Can Help
I’m a former Queens prosecutor who now aggressively defends drug crime clients. Over my 10+ year career, I’ve handled thousands of cases just like yours.
I know the ins and outs of these charges, and exactly how to beat them. My record includes:
- Multiple felony drug sales cases reduced to misdemeanors, avoiding jail.
- Simple possession charges completely dismissed through diversion programs.
- Not guilty verdicts at trial using creative defenses.
I provide personalized attention for every client. My goal is to get your charges reduced or dismissed while helping you move forward with your life. I offer reasonable payment plans as well.
Don’t leave your fate in the hands of an overwhelmed public defender. Contact me today to schedule a free case evaluation. I’ll review your charges and explain all your options. Together, we can build an aggressive defense to fight your drug charges.
Sources:
New York Consolidated Laws, Penal Law – PEN § 220.00 | FindLaw
New York Consolidated Laws, Penal Law – PEN § 220.16 | FindLaw
New York Consolidated Laws, Penal Law – PEN § 220.03 | NY State Senate
New York Consolidated Laws, Penal Law – PEN § 220.06 | NY State Senate
New York Consolidated Laws, Penal Law – PEN § 220.09 | NY State Senate