If you have been arrested and charged with a criminal offense that is related to drugs, you most likely feel very scared and overwhelmed. Depending on the amount and type of drugs that you were caught with, you could be facing some very serious charges that have stiff penalties if convicted.
Drug crimes can fall under different levels of criminal charges, such as a misdemeanor or a felony. Misdemeanor drug offenses are considered to be less severe and are typically only punishable by less than a year in jail if convicted. On the other hand, felony drug charges are extremely serious, with penalties of at least a year and working their way up from there.
New York has some of the toughest laws on the books when it comes to potential penalties if convicted of a drug crime. If you or a loved one has been charged with a drug offense, it is imperative that you hire a lawyer who understands drug laws and knows how to negotiate on your behalf.
The attorneys with Passalacqua & Associates, LLC have vast experience in handling drug-related cases. Contact our law offices by calling (315) 500-6425 and scheduling a strategy session with one of our qualified attorneys, who will be happy to review your case and explain your legal rights and options that may be available to you.
In New York, drug possession refers to having a controlled substance. If you have been arrested, law enforcement may ask you many questions. It is in your best interest to invoke your right to remain silent at this point. Often, by asking questions, the officer is attempting to get you to confess or make statements that may be damaging to your case.
It is always best to keep in mind that anything you say can and will be used against you after you have been arrested. It is vital that you speak with a criminal defense attorney in Utica as soon as possible who can advise you of your rights. Often, to build a stronger case, law enforcement officers will use a variety of tactics in an effort to gain more information to use against you at a later time.
With any drug crime case, the prosecutor has the responsibility to prove the case against you. One of the first aspects that a skilled criminal defense lawyer will examine is the method that law enforcement used to discover the drugs that you were ultimately charged with possessing.
Regardless of where the drugs were located, whether in your car, at your residence, or on your person, law enforcement officials are not permitted to perform a search without probable cause. If it can be proven that there was no probable cause, then any drugs or paraphernalia that were seized are considered to be inadmissible. This can severely weaken the prosecution’s case and even result in your case being dismissed.
Another possible defense is to challenge the quantity of drugs that were found. Inaccuracies in the amount of drugs that an individual is found to be in possession of can possibly lead to the charge being reduced from a felony to a misdemeanor, which could result in significantly fewer penalties.
Finally, the prosecution must be able to prove that you had possession of the drug both knowingly and unlawfully. For instance, although prescription drugs are legal, it is illegal for you to possess them without a prescription in your own name.
In order to be charged with “operating as a major trafficker,” an individual must be believed to have directed the sales of a controlled substance through an organization for a period of twelve months or less. At the time the sales were being directed, the organization must have been responsible for selling one or more controlled substances resulting in a profit of at least $75,000.
The same legal provisions are taken into consideration if an individual sold, or possessed with an intent to sell, an illegal substance with a value of $75,000 or more.
The penalties for being convicted of this type of crime are extremely steep as this is considered to be a Class A-1 felony. Therefore, you could receive a sentence of life in prison with a minimum sentence of 15-40 years and a $100,000 fine.
Being charged with a drug crime in New York is very serious and can have long-lasting consequences. In order to achieve the best possible outcome for our clients, our law firm is committed to fighting for your best interests. Our highly qualified attorneys know how to launch an aggressive defense on your behalf as well as negotiate with the state if the situation warrants such action.
We recognize that good people sometimes make poor choices that can adversely affect them for the rest of their lives. We strive to defend you with the end goal of having your charges either reduced or dismissed.
We understand that your life is basically on hold until the matters with your case are resolved. We pledge to investigate to ensure that your rights were not violated and that law enforcement did not overstep their legal authority in arresting you for a drug crime.
Contact the law firm of Passalacqua & Associates, LLC by calling us at (315) 500-6425 and scheduling a strategy session to meet with one of our experienced drug crimes attorneys. We will review your case and advise you of the best strategy to move forward with your case.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.