Staten Island
Drug Crimes
Lawyer
Staten Island Drug Crimes Attorney
Defense Counsel for Staten Island Drug Crimes
The attorneys at the Law Offices of Robert Tsigler, PLLC, offer robust criminal defense representation for drug crime cases in Staten Island. Our team understands that the penalties for certain drug offenses are quite severe and have the potential of negatively influencing your life for many years to come. Therefore, our goal is to help you approach your case with clarity and confidence, assisting you in exploring every available defense and guiding you through your case proceedings as effectively as possible.
Why Should I Hire a Staten Island Drug Crimes Attorney?
Defense representation is the most critical asset to have on your side when facing criminal charges of any kind in Staten Island. An experienced defense attorney will help you determine the best available defenses in your criminal case and guide you through your proceedings. In addition, the Sixth Amendment of the US Constitution guarantees legal counsel to any American citizen charged with a crime, even if they cannot afford to hire a private defense lawyer or do not wish to pay for one.
The attorneys at the Law Offices of Robert Tsigler, PLLC, can provide detail-oriented and comprehensive defense counsel that explores every available defense in your case. Whether you struggle with a substance abuse disorder or were arrested for unknowingly possessing illicit drugs that belong to someone else, we can help. Our team has years of experience handling all types of drug crime cases, and we can apply this experience to your case.
Types of Drug Crimes in New York
The most commonly prosecuted drug offense in New York is possession. It is illegal for anyone to purchase and possess certain substances, typically those that appear on the US Drug Enforcement Agency’s (DEA) Schedule of illegal drugs. Schedule I drugs lead to the most serious drug charges, and this Schedule includes heroin and other substances that carry a high potential of abuse while offering no medical value. Schedule II includes substances like cocaine, and the Schedule system extends down to Schedule V, which includes many drugs available with a prescription that carry the potential for abuse.
Drug possession penalties depend on the type and quantity of the drug involved in a case. For example, the penalty for a small amount of illegally possessed Schedule III drugs would lead to a much lighter sentence than a large amount of illegally possessed Schedule I drugs. Your Staten Island drug crimes attorney can help you determine what penalties you are likely to face from the prosecutor and the best available defenses that may help you minimize your penalty.
Staten Island’s drug offenses commonly prosecuted include drug manufacturing and drug trafficking. Some drugs like methamphetamine require specific chemical processes to create. An illegal methamphetamine operation can easily lead to substantial drug manufacturing and drug possession charges. The defendant would also likely face additional charges for illegal possession of drug manufacturing materials.
Drug trafficking occurs when an individual transports drugs across state or county lines. Typically, the amount of the drug in question, the Schedule of the drug, and the distance traveled with the drug inform sentencing. It’s also possible for some drug trafficking offenses to qualify as federal crimes if the defendant violates federal statutes or the state laws of more than one state.
Potential Defenses Against Drug Charges in Staten Island
Facing drug charges in Staten Island can feel like a hopeless situation. However, you could have more defenses available to you than you initially realize. An experienced Staten Island drug crimes attorney can help you discern which defenses are most likely to improve your position. Some of the most commonly cited defenses in Staten Island drug cases include:
- Incorrect substance identification. Your defense attorney may challenge the chemical testing results of the substance in question, disproving the prosecution’s claim that you possessed an illegal drug.
- Unlawful search and seizure. If you were charged with drug possession or drug trafficking after a police officer searched your vehicle during a traffic stop, the officer must have had probable cause to conduct the search. In addition, if drugs were obtained in your home, the officers handling the search must have had a lawful search warrant signed by a judge. If the police or prosecution violated due process in any way, this could be enough to have your case dropped.
- Lack of knowledge. It’s possible to face drug possession charges pertaining to drugs that do not belong to you. For example, if you gave a ride to a friend and they dropped a bag of heroin inside of your vehicle and police notice it during a traffic stop, you could face a possession charge for drugs that do not belong to you. Your attorney can help you prove that you did not own the drugs in question or did not know about them.
- Unwilling participation in a drug operation. Unfortunately, some people are coerced against their will to participate in drug trafficking and other criminal operations. If you were forced under duress to engage in drug trafficking or unlawful possession of drugs, your attorney could potentially help you leverage this as a viable defense.
These are just a few potential defenses that your attorney could potentially use in your favor. It’s also possible for some defendants to qualify for alternative sentencing. For example, if you struggle with a substance abuse disorder, a judge may agree to compulsory rehabilitation and drug treatment instead of a prison sentence.
FAQs About Staten Island Drug Crimes Law
You probably have lots of questions about your current drug charges, and an experienced attorney is the best possible resource to have at your disposal when facing this type of criminal case. The attorneys who practice at the Law Offices of Robert Tsigler, PLLC, have extensive experience handling defense representation for all types of drug crime cases in Staten Island. Below are some of the most common questions we hear from prospective clients regarding this type of criminal case.
What Type of Lawyer Prosecutes Drug Charges in Staten Island?
If you are charged at the state level for a drug offense in Staten Island, a prosecutor from the Staten Island district attorney’s office will likely handle your case. If your case qualifies for prosecution in federal court, you will face a federal prosecutor in your case proceedings.
Is Drug Possession a Felony or Misdemeanor?
Drug possession can potentially qualify for misdemeanor or felony prosecution based on the case’s specific details. For example, a small amount of drugs intended for the defendant’s personal use would likely constitute a misdemeanor offense. In contrast, a considerable quantity of illicit drugs recovered alongside large amounts of cash, measurement equipment, and weapons indicates a larger drug operation and would likely lead to felony charges.
What Are the Penalties for Illegal Possession of Prescription Drugs in New York?
Possessing prescription drugs for which you do not have a valid prescription is a criminal offense in New York. This offense typically qualifies for misdemeanor prosecution and will likely lead to a fine and jail time for up to one year.
It’s natural to be concerned about the potential penalties you face for drug charges in New York. Every defendant’s case is unique, and every drug case will involve different factors. The best thing you can do after an arrest for drug charges is to consult a Staten Island drug crimes attorney as soon as possible about your best options for your defense.
Secure Defense Counsel Today
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience navigating the criminal justice system on behalf of our clients in Staten Island and throughout the boroughs of New York City. We take time to learn as much as possible about each client’s unique situation to provide client-focused and detail-oriented defense representation.
A conviction for a drug offense can potentially lead to significant penalties and interfere with your life for many years to come. Therefore, the sooner you secure legal counsel, the better your chances of successfully defending against the prosecution’s case. If you are ready to discuss defense counsel with an experienced Staten Island drug crimes attorney, contact the Law Offices of Robert Tsigler, PLLC, today and schedule your consultation with our team.
Robert Tsigler, Esq. has handled thousands of cases as a Staten Island criminal defense lawyer and knows how to create the best opportunity to secure the results your case deserves. If you have any questions about a pending drug charge, call the Law Offices of Robert Tsigler, PLLC at 718-878-3781.
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The Drug Criminal Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
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Getting representation as soon as possible following any Drug Crime-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Staten Island Drug Crime lawyer can successfully defend your case.
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