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Common Defenses for a Drug Possession Conviction in New York

If you have been charged with a drug offense, you face a range of consequences. But overall, the New York courts are known to punish to the maximum extent allowable by the law. A drug possession conviction can leave a serious impact on your life, including any future job or housing opportunities. If you are being accused of such, follow along to see how an experienced Spring Valley drug possession, crime defense attorney at The Law Offices of Kevin T. Conway can explore all possible defenses on your behalf.

What defenses can I use for my drug possession conviction in New York?

To fight off the harsh penalties placed against you, it is important that you understand your rights and otherwise the laws surrounding illicit drug possession. Because, with this, you may be able to take one of the following valid defenses:

Improper search and seizure procedure:

That is, only certain circumstances permit the authorities who arrested you to search you or your property for illicit drugs. An example is if they have a valid search warrant or if the drugs are found in plain view. If not done in this permitted manner, you can challenge it and the New York court will exclude this evidence from the trial.

The drugs belonged to another party and/or you did not know you possessed them:

However, this is a difficult argument to make because the prosecutor only has to prove that you had control of or access to the drugs for a valid conviction.

Improper crime lab analysis procedure:

If you believe there were errors or discrepancies in the report, you can request that a crime lab analyst testifies in the trial.

Improper chain of custody procedure:

This means that the authorities failed to secure the illegal drugs in an evidence room or locker. So, if they are not able to present them in the trial, you can argue their existence. But if they do present them, you can still argue that they were mishandled throughout the course of the investigation.

The authorities practiced entrapment:

This means that the authorities harassed or threatened you into committing a drug crime that you otherwise would not have committed.

The drugs were medical marijuana:

The state of New York has legalized medical marijuana. To help your argument, you can provide the court with a doctor’s signed recommendation or note regarding your medical needs.

To get started on your defense, do not hesitate in consulting with a skilled Rockland County criminal defense attorney today.


Attorney Conway is a Spring Valley criminal attorney and is also experienced in commercial law matters, zoning law, and estate planning. Contact The Law Office of Kevin T. Conway for a free consultation today.

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