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Aside from potential criminal penalties, going forward with a drug conviction on your record can be a serious disadvantage. Our firm is here to help you fight back against drug charges at any level. Our team has decades of combined experience handling criminal cases from both sides of the law as prosecutors and defenders. If you or someone you know is under investigation or has been arrested for a drug offense, the sooner you contact us, the sooner we can protect your legal rights and work aggressively on your behalf.
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Drug crimes in New York include both those involving controlled substances as well as marijuana offenses. Controlled substances include such drugs as cocaine, heroin, fentanyl, methamphetamine, and other street drugs as well as prescription drugs obtained illegally. Marijuana has its own set of offenses that are mostly related to its possession or sales.
Drug crimes can also be charged and prosecuted at the federal level. These crimes mostly involve large-scale drug operations such as manufacturing and interstate drug trafficking. Crimes of this nature are often investigated by such aggressive and thorough agencies as the FBI and the DEA.
Drug crimes can include:
- Sales or distribution
- Possession of drug paraphernalia
Depending on the circumstances, drug crime convictions carry penalties of up to 90 days in jail to life imprisonment and fines of up to $100,000 for the most serious offenses. Drug crime convictions at the federal level are generally subject to mandatory minimums based on federal sentencing guidelines.
The factors that will affect how you are charged and the penalties you will face include whether you are a repeat offender, what type of drugs were involved, the quantity involved, whether guns were part of the crime, and whether the alleged crime occurred near a school zone.
Why Should You Hire a Private Defense Counsil Instead of a Public Defender?
Under the Sixth Amendment of the US Constitution, every American has the right to legal representation when charged with a crime. In the absence of an attorney or if the defendant cannot afford one, the court may appoint a public defender to represent them. The cost of private defense representation can be prohibitive for some, so some may see public defenders as a cheaper alternative. Public defenders are not the same as private Brooklyn drug crimes lawyers when it comes to offering what they can.
In the public defender profession, multiple cases must be handled at once by civil servants. Their daily workload leaves them with very little time for any individual case. Public defenders are not likely to provide you with much personalized attention. In spite of this, even the best public defenders have a very busy schedule. Comparatively, private Brooklyn drug crimes attorneys provide their clients with more individualized and comprehensive legal counsel.
What Are Marijuana Offenses in New York?
New York has some of the toughest laws in the country when it comes to marijuana offenses. Even possessing a small amount of cannabis can result in harsh penalties, including jail time. If you are facing marijuana charges in New York, it is important to consult with an experienced drug crime lawyer. A lawyer can help you understand the severity of the charges against you and the possible consequences of a conviction. In some cases, a lawyer may be able to negotiate a plea bargain with prosecutors that could result in a lesser sentence. However, if you go to trial and are convicted, you could be facing very harsh penalties, including prison time.
Possession of less than three ounces of marijuana carries no penalties in the state. However, more than three ounces may lead to a misdemeanor or felony charge, depending on the amount. Sales and trafficking of marijuana can also be charged as misdemeanors or felonies.
Work with a Brooklyn drug crime attorney at Mottola Uris Law, PLLC by contacting us at (718) 550-3318 or using our online consultation request form. Your initial case evaluation is free.