New York State sees a rise in drug abuse cases each year—even small communities like Hauppauge in Long Island, NY are affected. Anyone caught in unlawful possession of illegal drugs can face serious jail time. The consequences can range from a few days in jail to years in state prison.
If you or your loved one is facing drug-related charges, our seasoned drug possession defense attorney in Hauppauge is here to help.
Olivier E. Roche provides solid and reliable legal representation to individuals charged with possession of illegal substances. As Hauppauge’s trusted drug crime lawyer, he will build an aggressive defense strategy to help ensure the best possible outcome for your case.
What Constitutes Drug Possession in Hauppauge?
New York’s drug possession laws view marijuana-related offenses and drug possession laws as separate. Even with the decriminalization of marijuana, New York Drug Possession laws remain mostly the same.
To be charged with the unlawful possession of drugs, a prosecutor of the case must be able to prove beyond reasonable doubt that:
- The seized item is a controlled substance
- The person in question is aware that they possessed the controlled substance
- The possession of the controlled substance was unlawful
Below are some of the most common scenarios of drug possession-related arrests that our drug charges lawyer fights against:
- You are hanging out with a group of people, and one of you has a controlled substance in their possession. Everyone is arrested. This could occur at home, in a place of business, or in a vehicle.
- You are caught in possession of drug paraphernalia, such as syringes, glass pipes, and scales with illegal drug residue on them.
- You are caught with prescription medication without a valid prescription.
- You are caught with controlled substances on you.
- You are caught in the act of selling a controlled substance to another individual.
Punishment for Drug Possession
The illegal possession of drugs is punishable under both state and federal laws, and it is often classified into two categories: simple possession and possession with an intent to distribute or sale.
Of the two, possession with an intent to distribute or sale results in a harsher sentence. On the other hand, simple possession can result in hefty fines, probation, or enrollment in a rehabilitation program.
Penalties for both cases depend on the amount of controlled substance allegedly possessed at the time of arrest:
- Methamphetamine – Possession of 2 ounces or more can result in 3 to 10 years jail time for first-time offenders and 14 years for second-time offenders.
- Marijuana – Possession of 10 pounds or more of marijuana or a substance containing marijuana can mean 1 to 5 ½ years of prison time for first offenders.
- Cocaine – Possession of 8 ounces or more is considered a Class A-1 felony. First-time offenders can face a maximum of 20 years in prison.
- Heroin – Possession of 8 ounces or more can lead to a lifetime sentence.
- Prescription drugs – Illegal possession of Rx drugs such as Valium, OxyContin, Xanax, and Adderall is a Class A misdemeanor and can result in one year of jail time.
Under the theory of constructive possession, a person in possession of illegal substances will be arrested by the police regardless of whether they are innocent or not. That’s why it’s imperative to have a skillful and experienced drug possession attorney on your side.
Your Trusted Drug Crime Attorney in Hauppauge
Having represented hundreds of drug possession suspects in New York, Roche Law Group is equipped to provide you with sound legal advice and aggressively defend you in court. We have experience navigating the legal waters of any type of drug-related arrest.
Entrust your case to a reputable drug possession defense lawyer in Hauppauge. Reach out to us today to schedule a free 15-minute consultation.
