Drug Trafficking Defense Attorneys in New York, NY

As drug trafficking attorneys, we can help you prepare a strong defense in case you are being investigated for drug trafficking in New York, NY.

Drug trafficking in New York can be classified into possession, selling, distributing, or manufacturing. The higher the amount a person possesses of a controlled substance, the more inclined the prosecution is to consider such possession as an intent to sell. Prosecution does not need to show an intent to sell because drug trafficking charges in New York are based on the quantity and weight of the controlled substance possessed.

Being charged with a drug crime is a serious matter and can have major repercussions in one’s life and career. It is important, if found to be in possession of drugs, to invoke your right to remain silent and immediately contact an experienced drug trafficking attorney.

What is a Controlled Substance?

New York law provides a schedule of controlled substances. The higher the schedule, the more potential for abuse, and the more severe the penalty.

• Schedule I controlled substances have a high potential for abuse, no accepted medical use in treatment, and a lack of accepted safety for use under medical supervision. Examples are heroin, LSD, MDMA (Ecstasy), psilocybin (found in certain mushrooms), methaqualone. 
• Schedule II controlled substances are similar to Schedule I, but they have currently accepted medical use with severe restrictions. Examples are cocaine, opioids, methamphetamine, methylphenidate, and amphetamine.
• Schedule III controlled substances have less potential for abuse and have an accepted medical use. Examples include anabolic steroids, some barbiturates, ketamine, and buprenorphine.
• Schedule IV controlled substances have a low potential abuse relative to Schedule III substances and are accepted in medical use. Examples include Xanax, Ativan, Valium, Tramadol, and Darvon.
• Schedule V controlled substances have the lowest potential for abuse. Examples are certain cough preparations less than 200 mg of codeine per 100 milliliters.

Marijuana in New York is now not considered a controlled substance and has been legalized for recreational and medical use for adults 21 years of age or older, for as long as it is consumed in a private home or state-licensed on-site consumption site.

Drug Trafficking Charges

The drug crime charged generally depends on the amount in possession. If you have a smaller amount, you will be charged with possession. The higher the amount in possession, Depending on the amount in possession, the more you will be considered possessing with intent to sell or distributing.

Additional charges may be compounded, depending on your proximity to a school zone, paraphernalia, participation in a larger conspiracy, weapons charges, or driving while ability impaired. Usually, your charge may be elevated to a federal drug case when the crime involved crossing borders, when FBI or the DEA makes the arrest, or when federal authorities take over. This usually happens when you are investigated as part of a larger conspiracy of selling, distributing, and manufacturing drugs.

Higher penalties will be imposed when a firearm was used when dealing drugs, if you have been previously convicted of a felony, if you distributed drugs to someone below 21, you used a person below 18 to help you in dealing drugs, or you are dealing or manufacturing near a school.  Specific penalties largely depend on the type of drug possessed, the amount of drugs, the nature of the offense, and the defendant’s criminal record.

When facing a drug charge, it’s important to immediately seek the assistance of a drug crime lawyer to ensure that your rights are protected your story is consistent from the beginning.

Possible Defenses to Drug Trafficking Charges

When you are accused of drug charges, your drug trafficking attorney may possibly employ some of the following defenses, depending on the unique circumstances of your case:

Illegal Search and Seizure

When drugs have been found in your possession by law enforcement agencies and the drug was a product of an illegal search or seizure, said drug can be excluded from evidence. Without the drugs, the main piece of evidence to charge you with drug trafficking is absent.

Under this argument, you can challenge the drugs by claiming that there was no probable cause for searching your body or car. You can also claim that the search was without warrant and such warrantless search did not fall under the circumstances where warrantless searches were allowed. If a search warrant was used to search your premises, you can question the search warrant on the ground that there was no probable cause to issue the search warrant. Or you can claim that the scope of the search exceeded the authorized terms in the search warrant. If they asked for your consent to search your body or vehicle, you can claim that the consent was obtained involuntarily through coercion or without understanding of your right to refuse. You can also claim that the stop and search was made due to racial profiling or discriminatory practices.

Depending on the unique circumstances of your case, your drug trafficking attorney may be able to find the ground of illegal search and seizure as a defense in a drug trafficking charge.

Lack of Possession

When drugs are found in your possession, the prosecutor must establish that you had actual or constructive possession over the controlled substance. Actual possession means that you have physical control over the controlled substance. Constructive possession means that you have knowledge of the presence of the drugs in your area and the ability to exercise control over them. Under this defense, you can claim that there were multiple individuals in proximity of the controlled substance or that you had lack of knowledge of the existence of the controlled substance. If there is any reasonable doubt as to your possession, the charges can be dismissed.

Entrapment

If the law enforcement officers created or instigated the criminal activity, there could be entrapment which is a defense in drug possession charges. For example, if you had no history of drug-related offenses and an undercover law enforcement officer repeatedly urges you to purchase drugs from him using persistent and manipulative tactics and you purchase a small quantity, and thereafter, you are arrested for drug possession, this is entrapment which is a defense.

Chain of Custody Issues

Chain of custody is crucial in drug cases. It is important that the drugs seized, tested, stored, and presented in trial is one and the same. If, at any point, the drugs seized cannot be proven to be the drug presented in trial, the chain of custody is compromised, and such drug cannot be admissible in court. For this reason, if the chain of custody is broken or poorly documented, the foundation for the testimony that the item seized was indeed a controlled substance can be challenged.

Miranda Rights Violation

The Miranda rights state that: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you. You have the right to stop answering questions at any time, and you may request the presence of an attorney at any point during questioning. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

When you are a suspect in custody and being interrogated, law enforcement agents must read your Miranda rights before taking any statements from you. Otherwise, these statements are inadmissible in court because they were taken in violation of your constitutional rights.

Violation of the Right to Counsel

Corollary to the Miranda rights, if you requested for an attorney but denied the right to have an attorney present during the interrogation, this can be the basis for questioning the admissibility of any statements, admissions or confessions you have made.

Substance Misidentification

You may also question the accuracy of the laboratory tests that state the item found on you was a controlled substance.

Prescription

If the controlled substance has an accepted medical use and you have a prescription to use such controlled substance, this is a you made statements under duress, coercion, or without a full understanding of the consequences, those statements may be challenged as involuntary.

Insufficient Evidence

The prosecution must prove each and every element of a drug trafficking offense beyond reasonable doubt. If there is insufficient evidence, your drug trafficking attorney may be able to request for a dismissal of the charges.

Other Remedies

Your drug trafficking attorney may negotiate a reduction of the charges during plea bargaining, especially when there is insufficient evidence. Depending on the unique circumstances of your case, you might also be able to negotiate an Adjournment in Contemplation of Dismissal.

Your drug trafficking attorney can help you craft the best legal strategy for your case. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you.We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].