Drug possession is a serious charge in the state of New York. The penalties of a conviction depend on several factors, including the type of drug and the amount you possessed. Fortunately, there may be an effective defense against the charges, and a drug crime lawyer can identify a strategy based on the unique facts of your case.
If police have arrested you for possessing, distributing or trafficking a controlled substance, then you should take immediate steps to protect your interests. Contact Goldberg & Allen, LLP to discuss your options.
Mr. Goldberg and Mr. Allen have many years of experience as prosecutors, giving them a unique skillset when it comes to defending clients who face criminal charges. Call us today at 212-766-3366 to schedule a consultation.
In the meantime, read on to learn four possible ways you can fight drug possession charges in New York City:
- Unlawful Search
According to the Fourth Amendment of the U.S. Constitution, you have the right to due process of the law. If police infringe on this right, then they may be committing false arrest, and certain evidence may become inadmissible in court. In fact, you may be able to file a lawsuit against the responsible parties.
If police clearly see drugs in your car, then they may be able to seize them, and the prosecuting authority can use them as evidence against you. However, if the drugs were locked in the trunk of your car, you did not give police permission to search your vehicle, and there was no indication that you were breaking the law, then it is possible that the police conducted an unlawful search. As a result, the drugs may not be admissible evidence in court.
- Drugs Were Not Yours
If the drugs were not yours and you can prove they belonged to someone else, then your attorney can use this in your defense. The prosecution must prove tha the drugs belonged to you and not to a passenger or another person.
- Lab Tests
Just because the drugs look like a controlled substance does not mean this is the case. The prosecuting authority must be able to prove the illegality of the substance, which may require a lab analysis. If the prosecution cannot prove this, then the evidence may be inadmissible.
- Planted Drugs
Most police officers will provide sworn testimony to the effect that they found the drugs in your possession. This testimony holds a lot of weight, but you may be able to claim that the officer planted the drugs on you. Your attorney can apply for the complaint file on the officer, which could reveal important evidence in this regard.
Fighting drug possession charges may seem like an uphill battle, but a criminal attorney from Goldberg & Allen, LLP can help you navigate the legal system. We can evaluate your charges and develop an aggressive defense against them. Call us today at 212-766-3366 to schedule a consultation.
