The penalties associated with drug possession in New York can be quite severe. If you are facing drug charges after a traffic stop you can implement several defenses in an effort to reduce your sentence or have your charges dismissed. Speak to a New City drug possession crime defense attorney to begin discussing your case and building a strong defense.
What Are the Penalties for Drug Possession in New York?
The penalties that you can incur from being charged with drug possession will vary depending on the type of drug involved, the number of doses you were in possession of, whether or not you had the intention to sell, your prior criminal history, and more.
Generally, you will be given a criminal record and face fines, community service, mandatory rehabilitation, drug education courses, and imprisonment. If drugs are found in your vehicle you could even lose your license.
Some charges will only be considered a misdemeanor and result in fines of $1,000 and imprisonment of up to one year. However, if you are charged with a first-degree class A-I felony you will face a prison sentence of 8 to 20 years and fines of up to $100,000.
What Are the Best Defenses for Drug Charges After a Traffic Stop?
Some defenses that can be effective in getting your charges reduced or dismissed can include the following.
- Illegal traffic stop: Law enforcement can only conduct a traffic stop when they observe unlawful behavior or have a reasonable suspicion that there is an issue with the driver’s licensing, registration, etc. If you were illegally stopped then any evidence collected during the traffic stop can be deemed inadmissible in a court.
- Lack of knowledge: Possession charges require proof of knowledge of the drugs and the power to exercise control over them. If you can prove that the drugs did not belong to you and you were unaware that they were in your vehicle it can be an effective defense.
- Fourth Amendment violation: The U.S. Constitution’s Fourth Amendment offers individuals the right to not be subjected to unreasonable searches and seizures. If the arresting officer did not have a warrant or probable cause to search you or your vehicle you could argue that your rights were violated and get the evidence thrown out.
- Prescription drug: If you did possess a controlled substance but you had a valid prescription for it then you may not be guilty of a crime. If you can prove that the drug was lawfully distributed to you and you had the right to be in possession of it that is a solid defense.
- Chain of custody issues: The chain of custody refers to the law enforcement’s process of documenting, storing, and transferring the drugs as evidence. During any of these periods, the evidence may have been tampered with or contaminated. If you can prove this the evidence may be considered unreliable.
Work with an experienced attorney to determine what the best defensive strategy is for your particular situation and begin building your case today.
