Hudson Valley Drug Crime Lawyer
New York has historically been known for some of the toughest drug laws in the country. Any criminal activity involving illegal drugs may be charged as a felony or misdemeanor, depending on type of drug, the quantity, the amount sold or if attempting to sell and if you have previous drug charges.
If you are found in control of controlled substances including Cocaine, Fentanyl, Heroin, LSD, methamphetamine, PCP, Ketamine, GHB, illegally obtained prescription drugs, you will either be charged with possession of a controlled substance, or possession with intent to supply. Those who are caught with large amounts of drugs on them or who are selling drugs may face long prison sentences.
New York law provides enhanced penalties for repeat drug offenders. Generally, New York law punishes someone as a “second felony drug offender” if he or she stands convicted of a drug felony and was previously sentenced for a felony within the past 10 years, excluding time in prison (NY Penal §§ 70.70 and 70.71)
New York has a special alternative sentencing program called Drug Treatment Court. If you have a substance abuse problem and are arrested for a drug possession crime that is a B, C, D or E felony, then you may be eligible to go through the Drug Treatment Court program. If you successfully complete the program, then this will impact the disposition of the criminal case against you. The judge will have several options such as reducing the criminal charges against you or even dismissing the charges.
The court must consider the crime's nature and circumstances and the defendant's history and character to determine that the sentence that would otherwise apply would be appropriate (NY Penal § 70.70).
Types of Drug Charges:
DRUG POSSESSION CRIMES
In New York, arrests for possession of drugs can be resolved with a plea and a fine or a sentence up to 20 years in jail. Each case is different which is why you need to work with an experienced drug crime defense attorney.
DRUG SALE AND DISTRIBUTION CRIMES
If the courts determine that you intended to sell or distribute the drugs in your possession, you’ll find yourself facing felony charges. To charge someone with distribution/sale the authorities must prove that (1) they were in possession of illegal drugs, and (2) they intended to sell them.
One faces serious prison time if charged with sale of drugs.
OPERATING AS A MAJOR TRAFFICKER
Trafficking is very similar to distribution/sale but it’s on a larger scale. People arrested for trafficking are often running large operations, smuggling drugs from other countries, or transporting them across state lines.
If you’re arrested for trafficking, you could face both state and federal charges, depending on whether you brought the drugs across any state lines or international borders. Drug trafficking charges usually result in steep fines and prison time ranging up to a life sentence.
MANUFACTURING CONTROLLED SUBSTANCES
This can involve any stage of the process involved in creating an illegal drug and/or delivering the product to others. This offense is also punishable on both the state and federal levels and brings major fines and prison time.
Using a Child to Commit Controlled Substance Crimes
Even attempting to use a child to commit a controlled substance offense in New York is a criminal charge. Moreover, those facing this charge often face related charges such as child endangerment.
What are Drug conspiracy charges?
New York drug conspiracy charges are usually charged alongside other drug charges like sales. A drug conspiracy is an agreement to violate the narcotics laws. To convict a person of a drug conspiracy requires that a prosecutor prove beyond a reasonable doubt that there was an agreement by two or more persons to distribute an illegal drug. The essence of a drug conspiracy crime is the agreement. It is important to know that federal laws provide the prosecution the ability to bring charges against alleged conspirators even if they did not go forward with committing the crime. So a defendant in this situation could face the same penalties as those who actually committed the crime even though they did not go forward with their criminal plan. This is because drug conspiracy laws do not have a requirement of an overt act to be found guilty. This is why those charged with drug conspiracies need a knowledgeable and experienced New York drug criminal defense lawyer.
New York Record Sealing (Expungement) of Drug Crime
Under New York State Law, some marijuana possession charges are automatically expunged. Under the new law, the list of charges that are eligible for expungement has been expanded. Other charges require a motion of application to be submitted to the Court.
Expungement means that the arrest, the court case, and the conviction are now treated as if they never happened.
STRONG REPRESENTATION FOR ALL TYPES OF DRUG CHARGES IN THE HUDSON VALLEY
If you or a loved one has been arrested for cocaine, heroin, fentanyl or any other controlled substance and, or have been charged with a drug possession or drug dealing, drug sales charge, drug conspiracy, immediately consult with a New York drug crime defense attorney. Call Lisa Pelosi today at 845-605-1101 to schedule a free consultation. Lisa is a former prosecutor and has a deep understanding of the criminal justice system, having worked on both sides of the law. Lisa and her team handle all State and Federal Drug Charges.
You will be provided with a comprehensive and aggressive criminal defense strategy that is backed with years of experience and hard-fought courtroom cases.
The Law Office of Lisa Pelosi with offices in NYC and Poughkeepsie, serves the areas of Dutchess, Orange, Westchester, Putnam counties and all of NYC.
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Disclaimer: The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. This site strives to publish the current laws; but for accurate and current information speak to an attorney and don’t rely on the website. The website and its owners assume no liability or responsibility for any error or omission in the information contained on the website.
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Lisa has been nothing but amazing since she took over my case. I have been dealing with an insane amount of BS from my ex-wife, who had me face Misdemeanor charges, so she can leverage our divorce. Lisa took the case when I was at a dead-end with the DA and my previous attorney wasn't able to get to a satisfying resolution. Lisa has her magical way of making things work, and after only a couple of weeks, the case has been resolved. The reason I chose her over so many other lawyers I interviewed, was the sense of justice.