How To Challenge Evidence In Drug Possession Cases In New York
Facing a drug possession charge in New York can be overwhelming, but the prosecution’s case is only as strong as the evidence against you. The key to fighting these charges is understanding how to challenge the evidence effectively. New York law places specific requirements on law enforcement when collecting and handling evidence. If they fail to follow these procedures, it can weaken or even dismiss the case against you. As a criminal defense attorney, I evaluate every aspect of the prosecution’s case to find legal flaws that can work in your favor.
Understanding Illegal Search And Seizure In New York Drug Cases
One of the most common defenses in drug possession cases is challenging the legality of the search and seizure that led to the discovery of the alleged drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 12 of the New York Constitution, law enforcement must have probable cause or a valid warrant to conduct a search.
If the police obtained evidence through an unlawful search, that evidence may be inadmissible in court. Common illegal search scenarios include:
- Lack of probable cause – Officers must have a valid reason to search you, your home, or your vehicle.
- No search warrant – If a warrant was required but not obtained, the evidence may be thrown out.
- Exceeding the scope of a warrant – If officers searched areas or seized items beyond what was authorized, the search could be deemed unlawful.
- Unlawful traffic stops – If police stopped your vehicle without reasonable suspicion, any evidence obtained could be suppressed.
Challenging The Chain Of Custody
The prosecution must prove that the drugs entered into evidence are the same ones allegedly seized from you. Law enforcement must document every step of the evidence-handling process, known as the chain of custody. If there are discrepancies in the way the evidence was stored, transported, or logged, it may raise doubt about its authenticity.
Issues that can arise in the chain of custody include:
- Failure to properly label or store the drugs
- Breaks in documentation showing who handled the evidence
- Contamination of the substance in police custody
- Loss of evidence before trial
If any of these issues exist, I can argue that the evidence is unreliable and should be excluded.
Questioning The Reliability Of Drug Testing
The prosecution often relies on lab reports to prove that the seized substance is an illegal drug. However, forensic testing is not infallible. I carefully examine all lab results to find out if errors were made during testing. Common issues include:
- Faulty testing procedures – Laboratories must follow strict guidelines when testing substances. Any deviation can render results invalid.
- Inexperienced or unqualified lab technicians – If the individual conducting the test was not properly trained, their results could be challenged.
- Contaminated or mishandled samples – If evidence was stored improperly, it may have been compromised.
Arguing Lack Of Possession Or Knowledge
Possession charges require that the prosecution prove you knowingly had control over the illegal substance. If the drugs were found in a shared space, such as a vehicle or apartment, it might be difficult to establish who actually possessed them. Situations where this defense applies include:
- Being a passenger in a car where drugs were found
- Living in an apartment with multiple tenants
- Attending a party where drugs were present
By raising reasonable doubt about whether you had knowledge or control over the drugs, I can weaken the prosecution’s case.
New York Drug Possession Frequently Asked Questions
What Would Happen If The Police Did Not Read My Rights Before Questioning Me?
If law enforcement questions you while you are in custody without reading your Miranda rights, any statements you make may be inadmissible in court. This can significantly weaken the prosecution’s case.
Can I Be Charged With Drug Possession If I Was Just In The Same Car As Someone With Drugs?
Possibly. The prosecution may argue that you had constructive possession, meaning you had access to and control over the drugs. However, I can challenge this by showing that you had no knowledge of the drugs and they belonged to someone else.
How Do I Prove That A Search Was Illegal?
I will review police reports, body cam footage, and witness statements to determine whether law enforcement violated your constitutional rights. If they conducted a warrantless search without probable cause, the evidence may be suppressed.
Can Drug Possession Charges Be Dismissed In New York?
Yes, charges can be dismissed if the evidence is illegally obtained, unreliable, or insufficient. Additionally, some cases may be dismissed through diversion programs or plea negotiations.
Should I Accept A Plea Deal Or Fight The Charges?
Every case is different. If the evidence is weak, fighting the charges may be the best option. If the prosecution has a strong case, negotiating a plea deal may lead to a reduced sentence or alternative sentencing options.
What Should I Do If I Believe The Police Conducted An Illegal Search In My Case?
If the police obtained evidence against you through an illegal search, that evidence may be inadmissible in court. The Fourth Amendment protects against unlawful searches and seizures, and New York law follows these principles closely. If the police searched your home, vehicle, or person without a warrant, probable cause, or a valid exception to the warrant requirement, we can file a motion to suppress the evidence. If the court grants this motion, the prosecution may have no case against you.
Can I Fight My Charges If I Did Not Know The Drugs Were In My Possession?
Yes, one of the strongest defenses in a drug possession case is the argument that you were unaware of the drugs’ presence. Prosecutors must prove that you had knowledge of and control over the drugs. If the drugs were found in a shared space, a borrowed vehicle, or a home where multiple people lived, we can argue that the prosecution cannot establish that you knowingly possessed the substances.
What Happens If The Lab Results Show The Substance Was Not An Illegal Drug?
Drug possession charges rely on the assumption that the substance in question is illegal. Prosecutors must present certified lab results to confirm the composition of the substance. If the lab results show that the substance was not an illegal drug, the charges should be dismissed. We can also challenge the chain of custody to ensure that the substance tested in the lab was the same substance seized by the police.
Can I Get My Case Dismissed If The Prosecution Lacks Sufficient Evidence?
Yes, if the prosecution cannot prove every element of the charge beyond a reasonable doubt, we can move to have the case dismissed. This defense may involve demonstrating weak or conflicting witness testimony, unreliable forensic evidence, or violations of your constitutional rights. Without enough evidence, the court may have no choice but to drop the charges.
Getting You The Best Possible Results From The Worst Situations
If you are facing a drug possession charge in New York, I am here to help. Challenging the evidence is critical to securing the best outcome in your case. At Jonna Spilbor Law, we fight aggressively to protect your rights and build a strong defense.
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. We represent clients throughout Hudson Valley, Dutchess County, Putnam County, and New York City.
