There are many questions one must confront and assess when charged with a narcotic or controlled substance crime in New York. People are forced to question whether their arrest was the result of sting operation, if there are informants and/or undercover officers involved, and whether their arrest was proactive (they came to the individual with a search warrant) or was it reactive (an officer witnessed them buying, selling, or possessing drugs). The answers to these questions can be elements of your New York drug defense. An experienced drug lawyer can look at the elements of your case and use them to determine what defenses will work best for you.
Defenses for Reactive ArrestsA potential New York drug involves questioning whether the individual’s arrest was more reactive as opposed to proactive. If the cocaine is recovered from your their car, the defense may question the legal basis that the police had to stop the defendant and search them.
Similarly, if they are walking down the street, an attorney might wonder why where they stopped and searched. It can be important to know whether the police claimed that they saw the defendant purchase drugs. Knowing whether the person had probable cause or not is important.
Defenses for Intent to SellOne of the obvious ways an experienced controlled substance defense attorney can help reduce charges is if an individual is charged with the intent to sell such as with Criminal Possession of a Controlled Substance in the Third Degree, New York Penal Law 220.16. A lawyer can question the basis for the prosecution's belief that the individual intended to sell cocaine or heroin.
They can also question how the prosecution is sure that the drugs were not for personal use, and that they intended to sell. While their criminal defense attorney may not beat the charge completely, it is much better to be charged with a misdemeanor cocaine possession than to be charged with the intent to sell the same drug because the former is a misdemeanor crime while the latter is a B felony.
History of Drug AbuseA potential New York drug defense that an attorney can pursue is a previous history of substance abuse. Even if the accused, had been arrested for a sale of a controlled substance or narcotic, the intent to sell, or just felony possession based on the amount or weight of the drug, it could very well be that they have had a long and difficult history with drug use and abuse. A charge of New York PL 220.39, New York PL 220.44, New York PL 220.09 or New York PL 220.06, the DA's office should be using this opportunity to give them the help and assistance they need to overcome their drug addiction and assist in their return as a valued member of society.
Constitutional IssuesThere are always constitutional issues with search and seizure, concerning the legality of it, and whether the police are abiding by the law and following the law. There are wiretaps from the search warrants and cars are stopped when people are searched, those are often some of the bigger issues that transcend both federal and state crimes.
Value of an AttorneyYour criminal lawyer can advocate that while incarceration is a very real outcome, it does not solve the problem now or in the future. This arrest could be an opportunity to get treatment and get help. It is critical that your criminal defense attorney establishes who you are, why you should be given the benefit of the doubt, and how an alternative to a top count plea and incarceration is better for not just the defendant, but the very people the prosecutors are sworn to protect.
You should contact an attorney because they want to have a life going forward. Drug charges can follow you around for the rest of your life, and get in the way of career opportunities. Even if you do not go to jail, you must try to avoid a criminal conviction because it will not go away.
Time is of the essence. It is very common for bail to be set in drug sales. An attorney can attempt to get the person out as quickly as possible, with as little bail as possible and in a manner that is efficient. If you wait, you are going to complicate or compound the situation. If you do not do anything, they are going to slow the process.