Have you been charged with a drug crime in Orange County, New York? Larkin Ingrassia Andrews Criminal Defense Attorneys can help. Contact us today at (845) 566-5345 to schedule a free case evaluation with an Orange County drug crimes lawyer who can review the charges and evidence against you and discuss your defense options.
Drug charges can range from misdemeanor possession offenses to serious felonies involving the possession or sale of controlled substances. Depending on the charge, you could be facing jail or prison time, fines, and a criminal record.
Why Choose Larkin Ingrassia Andrews Criminal Defense Attorneys to Help if I’ve Been Accused of a Drug Crime in Orange County?
Facing a drug charge can put a lot at stake, making your choice of attorney an important decision. At Larkin Ingrassia Andrews Criminal Defense Attorneys, our Orange County drug crimes attorneys represent clients facing criminal charges throughout New York and provides a defense tailored to the facts of each case.
When you choose our firm for help in Orange County, NY, you benefit from:
- More than 50 years of combined legal experience
- Individual attention to the facts and circumstances of each case
- Thorough review of the prosecution’s evidence
- Preparation for negotiations, hearings, and trial when necessary
Call or contact us online today to schedule a free case evaluation with an Orange County criminal defense attorney.
Common Drug Crimes We Handle in Orange County
New York drug laws cover numerous offenses involving controlled substances. The seriousness of a charge can vary considerably depending on what prosecutors claim happened and the type and amount of the substance involved.
Drug-related charges may include:
- Criminal possession of a controlled substance: Possessing certain controlled substances can lead to misdemeanor or felony charges, depending on factors such as the substance and quantity.
- Criminal sale of a controlled substance: New York law prohibits unlawfully selling controlled substances. For purposes of New York drug laws, “sell” can include giving or disposing of a controlled substance to another person, not just exchanging it for money.
- Possession with intent to sell: The prosecution may attempt to establish an intent to sell based on the amount of drugs, packaging, cash, communications, or other evidence.
- Drug-related driving offenses: A person accused of operating a vehicle while their ability is impaired by drugs may face charges under New York’s impaired-driving laws.
Cases may involve cocaine, heroin, fentanyl, methamphetamine, prescription medications, or other controlled substances. The exact charge will depend on the allegations and how the substance is classified under New York law.
How Does New York Classify Controlled Substances?
New York law classifies controlled substances under schedules based on factors such as their accepted medical use and potential for abuse. The classification of the substance can affect the specific offense a person is charged with and the potential consequences of a conviction.
Drug charges can involve substances such as cocaine, heroin, fentanyl, methamphetamine, and certain prescription medications. However, the type of drug is only one factor prosecutors consider. The amount allegedly possessed and whether the prosecution claims the substance was intended for sale can also affect the charge.
Because New York has several degrees of controlled substance offenses, two cases involving the same type of drug can result in different charges. An attorney can review the substance, quantity, and other allegations to determine what the prosecution must prove.
What Are the Penalties for Drug Crimes in Orange County, New York?
There is no single penalty for a drug conviction. New York divides controlled substance crimes into different offenses and degrees, and the sentencing range depends on the charge.
Depending on the circumstances, a conviction may result in:
- Jail or prison
- Probation
- Fines and other court-imposed costs
- Drug treatment or monitoring requirements
- A criminal record
Prior convictions can also affect sentencing. Some felony drug offenses carry substantial prison sentences, while certain defendants may qualify for treatment-based programs or other alternatives to incarceration.
The consequences can extend beyond the sentence imposed by the court. A drug conviction may create problems involving employment, professional licenses, housing, or immigration status.
What Is the Difference Between Drug Possession and Drug Sale in New York?
Possession and sale are separate types of controlled substance offenses under New York law. A possession charge generally focuses on whether a person knowingly and unlawfully possessed a controlled substance. The degree of the offense can depend on factors such as the substance and amount involved.
A drug sale charge involves allegations that a person unlawfully sold a controlled substance. New York uses a broader definition of “sell” than the everyday meaning of exchanging something for money. Depending on the applicable law, allegations involving giving or otherwise transferring drugs may support a sale charge even when no money allegedly changed hands.
The distinction matters because the prosecution must establish the elements of the specific offense charged. A defense attorney can examine the evidence to determine whether it supports the prosecution’s allegations of possession, sale, or another drug offense.
What Defenses Can Be Raised if I’m Accused of a Drug Crime?
Being arrested for a drug offense does not establish guilt. Prosecutors still have to prove the elements of the charged crime, and the defense may challenge both the government’s evidence and the methods used to obtain it.
Possible defense issues include:
- Unlawful search or seizure: Evidence obtained in violation of constitutional protections may be subject to suppression.
- Lack of possession: The prosecution must prove that the defendant actually or constructively possessed the drugs. Simply being near a controlled substance does not necessarily establish possession.
- Lack of knowledge: Depending on the charge, whether the accused knowingly possessed a controlled substance may be disputed.
- Problems with testing or evidence: Laboratory analysis, evidence handling, and the identification or weight of an alleged controlled substance may become contested issues.
The defenses that apply depend on what happened before, during, and after the arrest.
Can Police Search My Car or Home for Drugs in New York?
Drug investigations often involve searches of vehicles, homes, personal belongings, or other property. The legality of a search can become an important issue when police discover controlled substances or other evidence they intend to use in a criminal case.
The Fourth Amendment protects people against unreasonable searches and seizures. Depending on the circumstances, police may conduct a search pursuant to a warrant or under a recognized exception to the warrant requirement. Whether a particular search was lawful depends on the facts surrounding the investigation.
If police obtained evidence through an unlawful search or seizure, a defense attorney may seek to prevent that evidence from being used against the defendant. Suppression issues can therefore affect the evidence available to prosecutors and, in some cases, the course of the prosecution.
What Should I Do After a Drug Arrest in Orange County?
What you do after an arrest can affect how your case develops. Avoid discussing the allegations with other people or posting details about the case on social media. Statements, messages, photographs, and other communications could potentially become relevant to the investigation.
You should also keep documents related to your arrest and upcoming court appearances in a safe place. These may include paperwork showing the charges, court dates, release conditions, or other instructions.
Consider contacting a criminal defense attorney as soon as possible. Early involvement gives your lawyer more time to review the allegations, examine how evidence was obtained, identify important deadlines, and prepare for upcoming proceedings.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of a Drug Crime
Drug cases can involve questions about police searches, possession, laboratory testing, and how evidence was collected. An Orange County criminal defense lawyer can review these issues and determine how they affect the case.
An attorney can help by:
- Reviewing the circumstances surrounding the investigation and arrest
- Examining whether police had legal grounds to stop, search, or detain you
- Reviewing police reports, laboratory results, and other evidence
- Identifying grounds to challenge or suppress evidence
- Negotiating with prosecutors when appropriate
- Preparing the case for trial if a resolution cannot be reached
The specific approach will depend on the charges, the available evidence, and the circumstances surrounding the arrest.
Schedule a Free Case Evaluation With Our Drug Crime Defense Lawyer
Larkin Ingrassia Andrews Criminal Defense Attorneys represents people accused of drug crimes in Orange County, New York. Our attorneys can examine the circumstances surrounding the charges, challenge the prosecution’s case where appropriate, and advocate for you during negotiations or at trial.
Contact us today to schedule a free consultation with an experienced Orange County drug crimes attorney.