New York Drug Possession Defense

 

Drug possession is a charge that is taken quite seriously in New York. There are aggravating factors that can increase the severity of the legal penalties an individual may face, which is why it is important to get in touch with a lawyer. A capable drug lawyer can fight for the best possible outcome for you. If you have been charged with drug possession, get in contact with a skilled possession lawyer who can work diligently on crafting your New York drug possession defense.

How Law Enforcement Views Drug Possession

Drug possession is a priority for law enforcement. As much as people tend to think that the war on drugs is over, and while drugs are acceptable, marijuana is being used more than opium, there are many people and many communities who have to deal with the violence associated with drugs.

A user could start off using the drug casually, maybe enjoying cocaine with friends, but it can grow into abuse and it may lead to meth or other issues like prostitution, usage of weapons, or assault.

Law enforcement does not look at possession of cocaine as an individual merely possessing something or putting something on their own body, but they will look at where it came from, how it got there, and who has been impacted along the way. It is enforced. It is scrutinized. There are search warrants and they have undercover operations. There are wiretaps when people go to prison for a long time.

Building a Defense

When building a New York drug possession defense, a lawyer might begin to question law enforcement’s reasons and motivation for searching the defendant. They will question the searching methods that the police used, whether the statement was taken legally or not and whether the drugs were even drugs or not.

Every case is different which is why an attorney should always sit down with their client and discuss the facts of their case before beginning to work on their client’s defense. Every case is different and these differences may call for different strategies.

Evidence the Defense Will Look For

When crafting a New York drug possession defense, an attorney is going to look to see if there is any recording, whether it is from the police or from a private enterprise, or there was a security camera that caught what happened, any people around that can confirm what happened, of if they have figured out the legality of the search, history, a person's behavior, if it was violent, or if they will be aggressive or hurt anyone to resist arrest, it the person tries to throw away or destroy evidence.

These are all going to be looked at, but often someone has, for example, a pipe and they are charged with a paraphernalia crime but there are no drugs or marijuana. Paraphernalia is a controlled substance crime, not a marijuana crime. There needs to be some sort of indication that the pipe was used for a drug, a controlled substance, and not marijuana. If it is only marijuana, then that crime should not stand.

Importance of Contacting a Lawyer

The person will lose their right to exercise certain rights, to challenge certain evidence. The attorney may come in who is a public defender be delayed, it may be good or bad, or the person hires the wrong attorney or makes the wrong statement. There is some sort of admission. They should try not to file or fail to file certain motions, decide not to be proactive with the district attorney, not take the time to investigate potential wrongdoing on part of the police or misrepresent on the part of law enforcement or make there are witnesses who can corroborate on what was said. The longer a person waits in securing that evidence or keeping the proper steps, the harder it becomes.

Benefits of Working With an Attorney

If you face drug possession charges, you need a knowledgeable lawyer on your side who can build you a solid New York drug possession defense. An attorney needs to know of relevant cases which may set a precedent, and of decisions by judges or the Court of Appeals throughout the State of New York because they do not know the basic law or how the district attorney investigates. All of this information will help your lawyer fight for you.

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