New York Drug Charges Do Not Have To Obstruct Your Future
Penalties for conviction of drug crimes can be severe. With a dedicated lawyer on your side, however, you can expect full protection of your rights and a detailed strategy for your defense.
At the Law Office of Bryan E. Cameron, our founder brings more than 25 years of experience to individuals who face drug charges throughout Long Island. He has a comprehensive understanding of how the state investigates and prepares criminal cases.
Prior to spending two decades a criminal defense attorney, Bryan Cameron personally handled felony drug cases on the other side of the aisle as a former assistant district attorney in the Narcotics Trial Bureau. Draw upon his knowledge for your defense by calling our firm for a free case review.
Serious, Dedicated Defense Representation In Suffolk County And Beyond
Drug convictions could lead to jail time, heavy fines and more. If you have a professional license, you could also lose your right to work in your occupation. It is important to combat serious charges with a smart strategy. We can work to prevent or reduce drug crime penalties.
Attorney Cameron has successfully helped clients defend themselves against all types of charges involving illegal drugs, including:
- Drug possession and possession with intent to sell
- Drug sales or distribution
- Drug trafficking
- Drug manufacturing
- Conspiracy
We handle cases involving a broad range of controlled substances, from cocaine to heroin. We also defend people charged with crimes involving prescription drugs and pills, such as Vicodin, OxyContin, morphine and Percocet, as well as illegal steroids.
Learn more: Sharing, gifting or selling prescription drugs is a crime
Our team’s knowledge of local drug laws can help you find the best available resolution to your case. When appropriate, we work to get the judge to use discretion to reduce the sentence – often in exchange for the completion of treatment.
Drug Crimes In New York: Felonies Vs. Misdemeanors
As with other offenses, misdemeanor drug crimes are generally considered less serious than felony drug crimes. Misdemeanors might involve possession of small quantities of drugs for personal use, and sentences would, therefore, be less severe. By definition, misdemeanor convictions carry potential sentences of no more than a year in jail plus fines and other penalties. First-time offenders might be given probation instead of jail.
By contrast, felony drug crimes involve larger amounts of drugs and more severe consequences. These charges can lead to longer prison sentences (a year or more), larger fines and more significant long-term impacts on your life.
Whether a drug crime is charged as a misdemeanor or a felony can depend on several factors, including:
- The type of drug involved (including what “schedule” it is)
- The quantity of drugs seized
- Whether the offense was violent or nonviolent
- Their suspected purpose (personal use vs. sales or distribution)
Additionally, a defendant’s prior criminal history will also likely play a role in the severity of the charges.
Penalties For Drug Crimes
As mentioned above, potential penalties vary based on whether the offense is charged as a misdemeanor or felony. These two categories are further broken down into degrees or classes.
Misdemeanors can be further divided into Class A, Class B and Unclassified. Class A misdemeanors are the most serious, carrying up to a year in prison and up to $1,000 in fines, whereas Unclassified misdemeanors are likely to result in probation.
Felonies are divided into five classes (A-E), with Class A being the most serious. Someone convicted of a Class E felony drug crime might face just over a year in jail and a fine of up to $5,000. On the other end of the spectrum, a Class A felony conviction could result in decades or life in prison and tens of thousands of dollars in fines.
It’s important to note that prosecutors often have leeway when it comes to charging drug offenses. If you contact a skilled defense lawyer at the first sign of trouble, it may be possible to get your charges reduced or to have some thrown out entirely.
Frequently Asked Questions About Drug Sales And Possession Charges
Uncertainty about the law and criminal process is common. If police officers recently arrested you for an alleged drug possession or sale offense, you likely have pressing questions about what happens next. The answers to the common questions below can give you a basis for your criminal defense strategy.
Should I accept a plea deal for my drug charge?
Some New York drug defendants accept plea bargains that their attorneys negotiate with prosecutors. The prosecutor usually agrees to make certain concessions if you enter a guilty plea. Your plea bargain could reduce multiple charges to a single offense or diminish a felony charge to a misdemeanor charge instead. Your plea deal could also involve a limitation of the penalties imposed so that you don’t face a prison sentence but instead serve probation. Talking to an attorney can help you determine if a plea deal is in your best interests.
Can I be arrested for marijuana drug crimes in New York?
Yes, police officers still arrest people for marijuana offenses in New York. While the state has legalized low levels of marijuana possession, possessing large quantities of marijuana or marijuana extracts can lead to prosecution. Public consumption, selling marijuana without a license, underage possession or driving under the influence of marijuana could all lead to marijuana charges.
What if I have a prescription for the drugs the police found?
Your valid prescription can help you avoid criminal charges. In cases where there is uncertainty about the status of the medication, police officers might arrest you for unlawfully possessing a controlled substance. Once you can provide police officers or the courts with your prescription, that can be enough to prevent charges or to ensure their dismissal in some cases.
If you kept the medication in anything other than its original container labeled by the pharmacy, you could face a $50 improper storage citation. The state can proceed with charges in cases where you clearly abused the medication for an inappropriate purpose or obtained it from an unlicensed source. You may need legal guidance to sort through the legal aftermath of an arrest based on the possession of a lawful prescription drug.
What is the difference between drug possession and intent to sell in New York?
Simple possession generally means that prosecutors claim you knowingly and unlawfully held a controlled substance for personal use. An intent-to-sell charge requires proof that you planned to transfer or sell the drug to another person. Police do not have to witness a completed sale. Prosecutors may point to the amount of drugs, packaging, scales, cash, messages or other facts to argue that you planned to sell them. Some possession-with-intent offenses are felonies even when no sale occurred. Our lawyer can challenge whether the drugs belonged to you and whether the evidence truly proves an intent to sell.
Will I go to jail for a first-time drug possession charge in New York?
A first arrest does not automatically mean that you will go to jail. The possible sentence depends on the substance, its weight, the charge level and the facts of the case. Your prior record also matters. A lower-level possession charge can still carry jail exposure, but probation, treatment or another negotiated result could be available. Certain eligible felony defendants can request an assessment through New York’s judicial diversion program, which can provide court-supervised treatment rather than a standard sentence. We can review the evidence, your background and any treatment needs before explaining the possible outcomes.
Can New York police search my car for drugs without a warrant?
Police can sometimes search a vehicle without first getting a warrant, but their authority has limits. Under the automobile exception, officers generally need probable cause to believe the vehicle contains drugs, contraband or evidence of a crime. A lawful arrest does not always permit a broad search of every area in the car. Police may also perform an inventory search after they lawfully impound a vehicle, but they must follow an established procedure instead of using the inventory as a reason to hunt for evidence. Consent can create another exception. You can refuse a request to search, but you should not physically interfere. We can review the stop, the stated reason for the search and where officers found the alleged drugs. If police violated your rights, our attorney may ask the court to suppress the evidence.
Contact Us For A Free Review Of Your Drug Charges And Legal Options
To discuss your drug crime charges for free, contact the Law Office of Bryan E. Cameron online or call us at 631-319-3487 or toll-free at 888-816-9087. We will answer your call at any time of the day, and we can meet with you in the evening or on the weekend as necessary. Se habla español.