Representation Against Drug Possession Allegations
New York enforces strict drug possession laws, and being charged can have serious implications. Understanding the nuances between simple possession and possession with intent to distribute is crucial. Simple possession involves a small amount for personal use, while intent to distribute suggests plans to sell or distribute, leading to more severe charges and penalties.
Michel Nolan P.C. is here to defend your rights in drug possession cases. We are attorneys George Michel and Michael Nolan, bringing over 20 years of combined experience in New York criminal defense to our clients. We are committed to fighting for you at every step of your criminal defense case.
Crafting A Strong Defense
Penalties for drug possession vary based on the substance type and quantity. Simple possession might result in fines, probation or short jail time. Intent to distribute can lead to harsher consequences, like longer prison sentences and significant fines. No matter what penalties are looming in your charges, we are prepared to craft a custom-tailored defense against them.
A strategic defense is essential for drug possession charges. Common defenses include challenging search and seizure legality, proving the substance was not yours, or showing the amount was for personal use. We will review every detail of your case to find any opportunity to beat or reduce your charges. As your legal representation, we will keep you informed about what we are doing to provide you with peace of mind about your case and how we are fighting for you.
Frequently Asked Questions About Drug Possession
It is certainly understandable that you would have questions if you are facing drug charges in New York. Below are answers to some of the questions our firm sees most often:
What are my rights if I am stopped by the police for suspected drug possession?
First and foremost, you have a right to remain silent. You do not need to answer questions from the police. You also have a right to an attorney. So even if you plan to eventually answer questions, you may want to inform them that you won’t do so until your attorney is at your side to help you navigate the legal process and avoid accidentally incriminating yourself.
Additionally, you have a right to protection against illegal searches and seizures. Typically, the police need to get your consent, or they need to get a search warrant. There are some exceptions for emergency situations.
How has New York’s marijuana legalization affected drug possession laws?
Marijuana legalization has made marijuana possession permitted in some cases, though not all. For instance, possession for recreational use is only permitted for adults who are at least 21 years old. Additionally, they are only allowed to have 24 grams of a concentrated substance or three ounces of flower. Adults are often legally allowed to share marijuana products with others, but those individuals also need to be at least 21 years old, and marijuana products cannot be sold between individuals.
What are the alternatives to conviction for first-time offenders?
First-time offenders who are facing nonviolent drug charges may be able to use the drug court system in New York. Under this system, the person is placed into a supervised treatment program. They have to complete this program successfully, which may result in their charges being reduced or dropped. Often, this is done for nonviolent cases where the root cause of the drug offense is simple possession stemming from drug addiction.
The drug court program seeks to provide treatment options for this underlying addiction in the hopes that the individual will not simply reoffend in the future. In this sense, it can be more effective than a prison sentence, which punishes the individual for breaking the law but does not address the addiction that caused them to break that law in the first place.
If you have further questions, our team would be happy to answer them at your initial consultation.
Defend Your Future With A Case Evaluation
Are you facing drug possession charges? Do not wait to seek legal assistance from skilled drug possession lawyers. Our experience can be your advantage in your defense, so take the first step in your criminal defense needs today. Call our Mineola office at 516-748-8397 or email us here to schedule your free initial consultation today.