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How A Poughkeepsie Criminal Defense Lawyer Can Help Fight Drug Possession Charges

drug possession

If you’ve been charged with drug possession in Poughkeepsie, you’re probably feeling anxious and unsure about what lies ahead. Drug possession charges can have serious consequences, including fines, probation, and even jail time. The stress of facing the criminal justice system, combined with concerns about your future, can make you feel overwhelmed. I understand how much is at stake, and my goal is to provide you with the legal support and guidance you need to fight these charges effectively. Whether you’ve been accused of possessing marijuana, prescription drugs without a valid prescription, or controlled substances like cocaine or heroin, the decisions you make now can have a significant impact on the outcome of your case.

New York drug possession laws are strict, and understanding the charges against you is key to building a strong defense. Possession can be charged as either a misdemeanor or a felony, depending on the type and amount of the substance involved. For example, possessing small amounts of marijuana for personal use may result in lower-level charges, but larger quantities or harder substances can lead to felony charges. New York Penal Law Article 220 governs controlled substances, while marijuana-related offenses are covered under Article 221. Knowing how these laws apply to your case is critical to formulating a defense strategy that protects your rights and your future.

Understanding Drug Possession Charges In New York

In New York, drug possession charges fall under various categories depending on the circumstances. Criminal possession of a controlled substance is one of the most common charges and applies to illegal drugs like cocaine, methamphetamine, or ecstasy. Possessing even a small amount of these substances can result in serious consequences. If you are caught possessing prescription medication such as Xanax, Oxycodone, or Adderall, the law treats these as controlled substances, subject to similar penalties.

The penalties for possession charges vary widely. For instance:

Misdemeanor drug possession – Possessing small amounts of marijuana can lead to up to one year in jail and fines.

Felony drug possession – Drug possession involving larger quantities or controlled substances can carry significant prison sentences and higher fines.

Additionally, aggravating factors like possession with intent to sell or possession near a school zone can result in even harsher penalties.

Defending Against Drug Possession Charges

When we handle drug possession cases, we look for weaknesses in the prosecution’s evidence and explore all available defense options. Several strategies can be used to fight drug possession charges, depending on the specifics of your case:

Challenging Illegal Searches And Seizures – Under the Fourth Amendment, you have the right to be free from unlawful searches and seizures. If police violated your constitutional rights by conducting an illegal search, the evidence they obtained could be inadmissible in court.

Proving Lack Of Possession – Prosecutors must prove that you knowingly possessed the drugs in question. If you were unaware of the presence of drugs or they were not in your immediate control, this could weaken the prosecution’s case.

Questioning The Evidence’s Chain Of Custody – The prosecution must maintain a clear and unbroken chain of custody for the drugs they claim were in your possession. Any errors or inconsistencies in handling this evidence could cast doubt on its reliability.

Arguing Entrapment – If law enforcement pressured or persuaded you to commit a crime that you would not have otherwise committed, you could have a strong entrapment defense.

Each case is unique, and the defense strategy I use will depend on the facts surrounding your arrest and the evidence against you.

FAQs About Drug Possession Charges In New York

What Should I Do If I Am Arrested For Drug Possession?

If you are arrested for drug possession, remain calm and exercise your right to remain silent. Anything you say can be used against you, so it’s important not to make any statements without an attorney present. Contact my office as soon as possible so I can begin protecting your rights and developing a defense strategy.

Can Drug Possession Charges Be Dismissed?

Yes, it is possible to have drug possession charges dismissed, but this depends on the specifics of your case. If law enforcement violated your constitutional rights, such as conducting an illegal search or seizure, the evidence obtained may be thrown out. Additionally, if the prosecution cannot prove all elements of the charge beyond a reasonable doubt, the case may be dismissed.

What Are The Penalties For Drug Possession In New York?

Penalties for drug possession in New York vary depending on the type and quantity of the substance. Misdemeanor possession can result in up to one year in jail and fines, while felony possession can lead to multiple years in prison. Additional penalties may apply if there are aggravating factors, such as possession near a school or intent to sell.

Is Marijuana Still Illegal In New York?

While New York has legalized recreational marijuana for adults, there are still strict regulations. Possessing more than the allowed amount or selling marijuana without a license can result in criminal charges. It’s important to understand the current laws to avoid legal trouble.

What Is The Seriousness Of A Felony Drug Possession Charge?

Felony drug possession is a serious offense in New York and can result in long-term consequences, including significant prison time, heavy fines, and a permanent criminal record. A felony conviction can affect your ability to find employment, housing or even qualify for certain professional licenses. It’s critical to fight these charges aggressively with the help of a skilled attorney.

Getting You The Best Possible Results From The Worst Situations

At Jonna Spilbor Law, we understand how overwhelming drug possession charges can be. Our team is committed to protecting your rights and securing the best possible outcome for your case. If you’re facing charges, don’t wait to get the help you need. We’re here to provide you with the guidance and support you deserve. Contact our Poughkeepsie Criminal Defense Lawyers at Jonna Spilbor Law at (845) 485-2529 to receive your free consultation. Let us help you protect your future.

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