Being arrested for drug possession is a frightening experience. More than likely, your mind quickly turns to all the potential consequences of your arrest: heavy fines, incarceration, a criminal record that may interfere with your educational or career goals, a soiled reputation, and adversely affected relationships. It’s true, especially in New York, that penalties for possession of drugs may be particularly harsh (ironically at the same time that the governor of the state is pressing for legalization of recreational marijuana).
Depending on which controlled dangerous substance (CDS) you are found to possess and the quantity of the substance you are holding, penalties vary widely. The laws regarding drug possession are complicated enough in New York, but you will also be dealing with federal laws as laid out in the Controlled Substances Act. If you are arrested in Syracuse, any part of Onondaga County or the surrounding Central New York area, the experienced drug crime attorneys at Carden Dotzler Hammond PLLC (CDH) are ready to defend your rights with the strength that comes from well-honed skills and years of successfully defending clients against drug charges.
The Broad Range of Penalties for Drug Possession in New York
If you are arrested with a relatively large amount of a controlled substance, you may well be charged with a higher offense than possession, whether or not you intended to distribute or sell the drugs in question. You should also be aware that New York State law classifies the compounds used to manufacture drugs, not only the drugs themselves, as controlled and dangerous substances. In addition to the quantity of drugs in your possession at the time of arrest and the classification of the type of drug you possess, any criminal record you have will also have a negative impact on your sentence if you are convicted.
Because of these variables, you may be fined anywhere from $100 to $100,000 and may have to spend a few days in jail or as many as 20 years in prison. This is why once arrested you should seek the counsel of CDH’s sharp and forceful drug possession attorneys. Once you contact us you will feel the reassurance of having a team of well-seasoned, caring criminal defense attorneys on your side. We will protect your rights every step of the way and always treat you with respect in accordance with our firm belief that you are “innocent until proven guilty.”
What CDH Drug Possession Attorneys Can Do for You
Once you explain the particular circumstances of your case to us we can begin working on the best strategy to defend you, whether in a court of law or through well-crafted plea bargain techniques. We may use tactics familiar to us or develop an innovative approach. Our priorities are [1] to get your charges dismissed [2] to win you a not guilty verdict or [3] to plea bargain to a lesser offense, in that order. We are looking to make the best possible deal with prosecutors — hopefully one that will protect your wallet as well as your personal freedom. Our well-deserved reputation for being both cutting-edge negotiators and tough litigators will stand you in good stead whether your case is decided in or out of the courtroom.
How the Controlled Substances Act (CSA) Will Affect You
Under the Controlled Substances Act, drugs are classified according to a number of factors, including: their psychological and physical effects on the body, their potential for abuse, and their risk factor for dependency or addiction. The classifications range from the most dangerous (Schedule I) to the least dangerous (Schedule V). Believe it or not, marijuana is right up there in Schedule I with heroin, LSD, Ecstacy, and fentanyl. At the bottom of the list, in Schedule V, are cough medicines with codeine and Lomotil. In the middle range are drugs like Ritalin, oxycodone, cocaine, methamphetamine, ketamine, Xanax, and Ambien.
CDH Attorneys Will Fight for Justice
Which drug you are arrested for possessing can make a big difference in how law enforcement treats you and how your prosecution may proceed. At CDH, we are also aware that, in spite of anti-discrimination laws, the color of your skin, your clothing, your gender identification, your sexual orientation or your accent may also alter the circumstances under which you are stopped and arrested, what you are charged with, and how you are treated by law enforcement personnel. Our savvy criminal defense attorneys will bring our leverage to bear in order to level the playing field and see that you are treated fairly.
Possible Defenses for Drug Possession
Our drug possession attorneys are well-schooled in all types of criminal defense. Which strategy we will use to disentangle you from your legal troubles will depend on such things as your age and the circumstances surrounding your arrest and questioning.
- Age — If you are under 16, we can use a defense known legally as “infancy,” meaning that you are too young to be considered criminally liable.
- Lack of knowledge — In some cases, we may be able to argue that you had no awareness of possession and that the drugs were placed in your bag or pocket by someone trying to frame you or to save him or herself from arrest.
- Racial or other profiling — If you were stopped while driving or hanging out with your friends in the park and you feel you were searched because you were African-American, gay, transgender, Muslim or a member of some other protected minority, we may be able to get your case dismissed.
- Police misconduct — Unlawful search and seizure that results in the discovery of illegal drugs, may give us the means to get you off the hook for possession, as may documented police brutality.
- Procedural errors — If you were arrested and questioned without being read your Miranda rights, we may be able to get your charges dismissed.
- Mistaken identity of the substance you possessed — Many powders or capsules resemble illegal drugs so we can insist on a laboratory analysis to prove your innocence.
- Loss of the drugs after arrest — If the police cannot produce the evidence, which has gone missing by the time we get to trial, law enforcement has no case against you.
- Entrapment — Because entrapment is very difficult to prove unless the police actually provided you with the drugs, we rarely, if ever, use this defense.
- Medical marijuana — While never a defense in federal court, if you are carrying medical marijuana in New York, where its use is legal, and you have verifying paperwork, we will probably be able to have the charges against you dropped.
Contact Our Syracuse & Central New York Drug Crime Defense Attorneys
Don’t waste time worrying and imagining worst-case scenarios. Instead, reach out to our powerful drug possession attorneys. We will immediately take effective steps to protect your reputation and your liberty. We can be reached by phone, email, or the form on our website. Don’t hesitate. The sooner you contact us, the sooner we’ll begin strenuously fighting for your rights.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.