As a member of NORML’s New York and New Jersey Legal Committees, I am dedicated to the issues unique to the defense of drug cases, which is an area of the law that is rapidly changing and highly specialized.
New York City drug offenses range from the serious crimes such as drug trafficking or participation in a drug-related criminal enterprise to lesser drug charges such as simple possession of a small amount of marijuana for personal use.
Over the last ten years, New York City has seen an average of approximately 30,000 felony drug arrests and 200,000 misdemeanor drug arrests every year. The majority of these arrests result in a criminal conviction and many of these people end up incarcerated. Very often the New York State court system is looking for ways to curb recidivism.
As a successful New York City Drug Possession Defense Attorney, I’ve found that an effective criminal defense strategy for many drug charges will include a drug treatment program with the recommendation of a psychologist or drug counselor. If this is performed with a New York criminal lawyer working on your behalf then it is possible to sway the court and District Attorney away from incarceration to a plea-bargain that involves a non-jail sentence, dismissal or a non-criminal resolution.
Federal and New York State Drug Laws
The Drug Abuse Prevention Act of 1970 codified federal drug law into a uniform system. This act classified illegal drugs into five separate categories or schedules and it created requirements and penalties for the abuse of the drugs on each schedule.
Legal restrictions and penalties for Schedule I and Schedule II drugs are the most severe. These drugs include heroin, LSD, marijuana, peyote, opium, cocaine and methadone, among others. Sentences in federal court are governed by Federal statutes, which may contain mandatory minimums, and the Federal Sentencing Guidelines, which are now advisory.
New York City Drug-Related Crimes
Drug trafficking is one of the serious drug crimes and carries with it harsh penalties under federal law. Generally speaking, the higher the level of offense the harsher a sentence will be. These levels are established under guidelines for different drugs and the amounts of the drug in question. It is important that a drug crime defendant in New York be represented by an attorney who understands these sentencing issues.
Although most drug offenses committed in New York can be prosecuted in either State or Federal Court, federal charges are usually only brought when a large quantity of drugs are involved, the offense occurred on federal property, or it was part of a larger criminal enterprise.
State Court drug prosecutions are governed by the notoriously harsh Rockefeller drug laws, which were amended on April 7, 2009. Current sentencing structure for drug crimes prosecuted in New York State after April 7, 2009 can be found here: 2009 Rockefeller Drug Law Reform Sentencing Chart.
New York City Drug Searches & Drug Seizure
Police in New York City may legally search persons and property and have the right to seize both persons and property. Circumstances of the search and seizure determine whether police must have a warrant. If police initiate a search and seizure without probable cause or they overstep a defendant’s constitutional rights then the search and seizure evidence may be deemed tainted and inadmissible in court. If you have been arrested for a drug offense in New York contact a knowledgeable criminal defense attorney at the Law Offices of Howard Weiner at 212-785-1100.
