Charged with Drug Distribution in NYC?
A New York City Drug Crime Defense Lawyer Can Help
Criminal distribution of a controlled substance is a type of drug crime that involves the knowing and unlawful distribution of a substance listed in the New York State Controlled Substances Act § 3306: Schedules of Controlled Substances. This may include prescription drugs distributed without a lawful license to do so or illegal street drugs that are unlawful to possess and/or distribute in any scenario. This offense is typically charged as a felony, with the classification of the felony and specific penalties imposed varying depending on the type and amount of drug involved as well as the defendant's criminal history, if any.
Have you been arrested for allegedly transporting, selling or otherwise distributing a controlled substance in New York City? The NYPD, DEA and all state and federal law enforcement agencies take these charges very seriously. If formally charged, you could face years behind bars. This is why it is essential to exercise your right to legal counsel as soon as possible. Even if you have been brought in for "questioning" and have not yet been charged with a drug crime, you may be in danger of being charged at any moment. Anything you say and do at this time may be used against you; the best chance you have at protecting your freedom is a criminal defense lawyer.
With more than five decades of combined experience and founded by an attorney who is a former prosecutor, Musa-Obregon & Associates can provide the criminal defense counsel you need. With a New York City drug crime defense lawyer from the firm by your side, you can feel confident that your constitutional rights will be protected to the fullest extent as you face questioning and searches by law enforcement, bail hearings and all other proceedings related to your case.
Distribution vs. Possession
Possession of a controlled substance may be charged as a misdemeanor in certain situations, usually if a small amount of a controlled substance is involved. With distribution, however, even a first offense and smaller amounts of controlled substances may result in felony charges. A defendant may face felony charges and enhanced penalties even if there is no evidence that the distribution or sale of the drugs actually took place: intent is enough to warrant felony drug charges under New York law.
How does law enforcement and the prosecuting attorney determine whether a defendant should be charged with an "intent to sell" or distribute a controlled substance? They may look at the evidence that was found at the scene, such as baggies that could be used to hold small amounts of drugs to be sold more easily, scales used to measure drugs, client lists, cash and other items that may indicate that the drugs were meant to be distributed to others.
This can create somewhat of a grey area in drug cases, and your criminal defense lawyer may be able to use this to your advantage. Criminal charges must be proven beyond a shadow of a doubt for a defendant to be found guilty. In challenging drug distribution charges, your lawyer can use various strategies to create doubt in the jurors' minds. This doubt may stem from a lack of evidence that would indicate an intent to distribute. Another strategy may be proving that evidence was recovered in violation of a defendant's search and seizure rights. Your attorney should use any means necessary to uphold your rights and protect your interests.
Get the level of legal counsel you deserve – contact a NYC drug crime attorney at the firm.