New York Drug Possession Attorney
Aggressive Defense for Clients in Manhattan, Nassau County, Suffolk County & Beyond
Barket Epstein Kearon Aldea & LoTurco, LLP provides uncompromising, highly experienced criminal defense representation for individuals accused of drug possession in Nassau County, Suffolk County, and throughout the tri-state area, as well as in all state and federal charges involving controlled substances. Our team comprises renowned leaders in their respective fields, with diverse backgrounds and experience that enable us to provide effective legal counsel and defense.
Remember, if you are arrested for drug possession, you have the right to an attorney, no matter the circumstances surrounding your charges. Demand to exercise this right. Remain silent, as even attempting to show your cooperation could backfire and result in self-incriminating statements or actions that harm your case later. Instead, contact a New York drug possession attorney at our firm and ensure that your rights are protected.
For a free consultation and review of your drug possession case, call our firm at (888) 779-0267.
New York Drug Possession Laws
In order for the State of New York to convict you of “actual” possession, the prosecution must prove beyond a reasonable doubt that:
- The substance was either within your physical possession (on your person);
- It was a controlled substance;
- You were aware that you possessed it; and
- The possession was unlawful.
The State of New York can also charge you with “constructive” possession, provided you had control over the individual who possessed the drugs or the place in which they were found. This can be proven even if the defendant is not physically present at the time that the drugs were found.
Penalty For Possession Of Marijuana In New York
Possession of a controlled dangerous substance is a serious crime in the state of New York. Each state has its own regulations concerning illegal drugs or controlled dangerous substances. Per New York law, there are five different categories of controlled dangerous substances, known as “Schedules.” Schedule 1 contains the most dangerous drugs, which lack any medical value and have a high propensity towards addiction. The schedules decrease in dangerousness, and in turn the severity of the penalty, from there. If you have been arrested and charged with possession of a controlled dangerous substance, it is critical that you understand the charges against you, the potential penalties, and your best defense.
What Is A Controlled Dangerous Substance?
To convict you of possession of a controlled dangerous substance in the state of New York, the prosecutor must prove that the substance was a controlled substance, you possessed the substance, the possession was knowing and unlawful. Controlled dangerous substances include any illegal drug you can think of, and likely many of which you are unfamiliar. Examples of controlled substances include cocaine, heroin, opioids, marijuana, and the like.
What Is Possession?
For those charged with the crime of possession, one of the first questions that arise is whether you actually possessed the drugs. Possession can be physical, meaning that you were arrested with the drugs on your person, and can also be constructive. Constructive possession is defined as control over the place or person where the drugs were found, such as control over your car which held the drugs.
Penalties For Possession Of A Controlled Substance in NY
The penalty you face for possession of a controlled dangerous substance will depend on the type of controlled substance, the quantity, and your prior convictions. For example, for possession of between two and eight ounces of marijuana, you could be charged with a misdemeanor offense and face up to one year in jail. If you are found in possession of 500 mg or more of cocaine, you may be charged with a felony offense and face up to 2.5 years in prison.
Drug Possession Defenses in New York
Despite the severe penalties for drug possession, there are several defenses that can be used to challenge your charges:
- The substance is not an illegal drug
- Lawful possession
- Insufficient quantity
- You are a witness to or victim of overdose
- The drugs were located based on an unlawful search and seizure
Alternative Sentencing for Drug Possession in Suffolk & Nassau County, NY
New York has an alternative sentencing program to standard jail time. The program, Drug Treatment Court, may be made available for an individual who has a problem with substance abuse and who has been arrested for drug possession under class B, C, D, or E. If an individual completes the program, the judge may reduce your criminal charges or even dismiss them.
Contact Our Seasoned New York Drug Possession Lawyers
Our legal experience and training is significant and can make a considerable impact on even the most “open-and-shut” drug possession case. Our New York drug possession attorneys have over 200 years of combined experience, the considerable knowledge it takes to identify relevant case law and legislation, and the resources to carefully investigate every aspect of a drug charge.
A Nationwide Influence
Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience
Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach
Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled
Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
Three Convenient Office Locations
Our firm offers clients three convenient locations in Garden City, Manhattan, and Huntington.