Queens Drug Possession Lawyers
If you’re facing a drug possession charge, working with Queens drug possession lawyers can help you determine the best strategy to fight the charges and return to your life as normal as soon as possible. All drug possession charges in Queens are serious offenses, but having lawyers for drug possession in Queens on your side can help you prepare an aggressive defense. You don’t have to fight alone.
How Queens Drug Possession Lawyers Can Help You
There are multiple strategies and defenses that you can use when you face a drug possession charge in Queens. Here are some of the defenses that may be at your disposal when you fight a drug charge:
- Lack of possession
- Law enforcement search and seizure violation
- Misidentification of the substance
- An error calculating the amount of the drug
- Mitigating circumstances like no prior criminal history
- Witness errors
- Police misconduct
- You possessed the drug lawfully
Law enforcement must prove each element of the offense of drug possession. If they are unable to show that you knowingly had control and dominion over the drugs, you’re not guilty of the charges against you. Law enforcement may mishear witnesses, inaccurately record their statements or embellish in their police report in order to try and justify an arrest. You have a right to be heard on the allegations against you. You may try your case in court or negotiate the charges down to a less serious offense.
Laws For Drug Possession in Queens
Most drug possession laws in Queens fall under New York State Law. Some cities and other municipalities may have more strict drug possession laws, but most cities simply enforce state law. New York State has drug possession laws that apply in Queens.
In Queens, the laws for drug possession are broken down by degree. The seventh degree is the least-serious drug possession offense. Drug possession in the seventh degree basically covers small amounts of any type of illegal substance that may not fall into any other category. Each degree of drug possession charge becomes progressively more serious. First-degree drug possession is the most serious degree of drug possession charge in Queens.
Queens Drug Possession Charges By Degree
The category of drug possession charge that you face in Queens depends on several different factors. First, the type of drug that you possess plays a role. In fact, marijuana is treated separately from other types of drug possession. Cocaine, heroin, methamphetamine and hallucinogens are the most serious types of drugs to possess. The greater the amount of the drug that you possess, the more serious the charge you face. In addition, if law enforcement can show that you intend to distribute the drug, you might face a more serious charge. A first-degree drug possession charge can bring up to 20 years in jail. There are enhancements that may increase the possible penalties to up to 30 years if you have a prior violence conviction.
Fighting Drug Possession Charges in Queens
To fight the drug possession charges against you in Queens, you need to work aggressively in order to defend yourself. Your defense begins as soon as you’re arrested. You need to secure bond or bail, and a Queens drug possession lawyer can help you address the terms of your release from jail at your arraignment. You need to demand that law enforcement preserve the evidence they claim to have against you. You may need to motion to have the substances inspected or independently tested. If law enforcement claims that you had the drugs for your own use, it may be helpful to secure a drug test in order to show that you didn’t use the drugs. Preliminary motions to challenge the state’s evidence can also be a way to attack the charges against you.
Working With Experienced Queens Drug Possession Lawyers
Having experienced attorneys on your side can help you fight the claims against you. Drug possession is a serious offense that can impact your school, employment and other opportunities. Working with experienced attorneys for drug possession can help you chart the best course as you respond to the charges and prepare your defense.