Build a solid defense against drug possession charges in Gordon Heights by seeking legal help from Roche Law Group.
In the US, drug-related charges are responsible for a lot of people ending up in prison or paying hefty fines. The willful possession of illegal controlled substances is considered a crime under the drug possession laws of the State of New York. Even if the substances found are intended for personal use only (and not to be sold), those found in possession could still face penalties.
If you or someone you know is facing drug-related charges, our drug possession defense attorneys in Gordon Heights can offer assistance.
What can be considered as Drug Possession?
For someone to be charged with drug possession, the prosecutor of the case must be able to prove, beyond reasonable doubt, that:
- The item found is a controlled substance
- The person knew or willfully possessed the controlled substance
- The possession of the controlled substance is unlawful
These are some of the most common drug possession-related arrest situations.
- You are part of a group of people who are either in a residence, a place of business, or a vehicle and one person from the group was caught with a controlled substance. Everyone in the group is arrested.
- You are caught with drug paraphernalia like a syringe that has residue of controlled substances on it.
- You are caught with prescription medication, but you don’t have the relevant prescription for it.
- You are caught with controlled substances on your person or caught in the act of selling the controlled substances.
What happens after being charged with Drug Possession?
There are seven degrees of illegal drug possession in the state of New York. The first degree is considered the most serious offense with the seventh as the least serious.
As mentioned above, an integral part of this case is the willfulness of the person being charged. The prosecutor has to prove that the person caught with illegal controlled substances is at least aware that they are carrying them.
A number of factors also affect the penalties for drug possession in the state of New York. Aside from the kind of the controlled substance, the quantity is also highly important. The circumstances surrounding the arrest also come into play. A drug possession conviction can lead to hefty fines, prison time, or even both.
These all stress the importance of working with a drug crime attorney in Gordon Heights, especially if you consider how a conviction can cost a person their career, reputation, and relationships.
What about Possession of Drug Paraphernalia?
In New York state, the possession of drug paraphernalia is also a common crime people get charged with. There are several objects that can be considered as drug paraphernalia and that are linked with charges. The most common of these objects are common packaging for drugs (i.e. baggies), scales, syringes, and glass pipes.
Your Drug Possession Lawyer in Gordon Heights
We at Roche Law Group believe that regardless of the circumstances of your drug possession-related arrest, you still have a right to expert legal counsel. We can help uphold this and other rights under the law.
Our very own Olivier E. Roche, Esq. has been both a prosecutor and a defense attorney. He understands how the system works from both sides and his insights can help strengthen your defense against drug possession charges. Give us a call today at (516) 399-0233 for a 15 minute free consultation.
