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If You Have Been Arrested for Drug Crimes in Queens, NY, We Can Help
Why You Need a Queens Drug Trafficking Attorney
You may have made a mistake and broken the law, or you may have been wrongfully charged with a Queens drug possession you did not actually commit. Whatever your case entails, it is imperative to remember the Constitutional rights you have when facing criminal charges of any kind in Queens. First, you have the right to remain silent under the Fifth Amendment of the US Constitution, which protects Americans from self-incrimination. Whenever the Queens police conduct an arrest, they must inform the suspect of their Miranda rights. This includes reminding the suspect that they have the right to remain silent, and that anything they say could be used against them in court.
It is crucial to take full advantage of this right. Many suspects who are wrongfully accused or the victims of unfortunate circumstances feel compelled to plead their case to try to avoid arrest, but this often works against them. Once the police have informed you that you are under arrest, do your best to remain silent until you can speak with an attorney. Legal representation is your second Constitutional right you must exercise after an arrest for drug offenses in Queens, NY. The Sixth Amendment guarantees legal representation to any American charged with a crime, even if they cannot afford an attorney.
Affordable Drug Trafficking Defense Attorneys
The Law Offices of Robert Tsigler, PLLC acknowledge that legal fees can seem prohibitively expensive to many Queens residents, and our goal is to provide accessible and affordable defense representation to every client we represent. We will carefully examine every detail of your case and help you determine the best available defense options in your situation.
What Are the Four Main Categories of Drug Crimes?
Drug crimes are some of the most commonly reported criminal offenses in Long Island, and throughout New York City. The state of New York enforces some of the harshest penalties for drug offenses, and it is common for many drug cases to involve several charges, escalating the potential sentence for the accused if convicted. Generally, there are four types of drug charges that can come into play in a Queens drug offense case:
- Possession. The most commonly reported drug crime in Queens is the illegal possession of controlled substances. It is illegal for anyone to possess certain controlled substances, particularly those scheduled by the Drug Enforcement Agency (DEA) of the United States and New York state law. Schedule I drugs are the most serious, acknowledged to possess little to no medical value, and a high potential for abuse. The Schedule continues through Schedule V, which includes some over-the-counter medications that can be misused and cause personal injury. A drug possession charge can fluctuate significantly in severity, based on the schedule of the drug in question and the quantity the defendant possessed at the time of arrest.
- Intent to sell. It is illegal to sell controlled substances in New York, and this charge typically runs in tandem with drug possession. For example, if you are arrested with a small baggie of cocaine, the police will likely infer this to be intended for your own personal use and charge you with simple possession. However, if you were arrested in possession of a large quantity of narcotics, cocaine, baggies, a scale for measuring, and a large amount of drugs, the police could easily make a case to charge you with possession with intent to sell. This will lead to more severe punishment for drug distribution based on the type and quantity of the drug in your possession.
- Drug trafficking. This offense pertains to transporting large quantities of drugs across county, state, or national lines. The severity of the offense, similar to possession, hinges on the type and quantity of the drug involved. However, drug trafficking crime is prosecuted aggressively in New York, and a drug trafficker could face an A-1 class felony charge if they trafficked more than $75,000 worth of illegal drugs or sold more than $75,000 drugs in a six-month period. The minimum sentence for an A-1 class felony in New York is between 15 and 25 years in prison and up to a maximum of 25 years to life in prison.
- Drug manufacturing. Some illegal drugs such as methamphetamine and crack cocaine require very specific manufacturing processes that are illegal to conduct in New York or anywhere else in the United States. Illegally growing marijuana, psilocybin mushrooms, and other plants with psychoactive properties can also qualify as drug manufacturing. Queens prosecutors typically seek felony conviction in most drug production and manufacturing cases.
It is very easy for any drug offense to completely change your life if you are convicted. Your Queens criminal attorney must be able to carefully analyze the prosecution’s evidence and determine your best available defense to help you avoid the penalties possible for drug offense conviction under New York state law.
Potential Penalties for Drug Offense Conviction in Queens, NY
- A Class B misdemeanor carries a maximum sentence of three months in jail, fines up to $500, and additional penalties such as community service and mandatory drug counseling at the discretion of the judge. An example of a Class B misdemeanor drug offense in New York would be criminal possession or sale of marijuana in the fifth degree.
- Class A misdemeanor drug offenses carry a potential maximum sentence of up to one year in jail, fines up to $1,000, and additional penalties at the discretion of the judge. Criminal possession or sale of marijuana in the fourth degree, criminal possession of a controlled substance in the seventh degree, criminal possession of methamphetamine manufacturing reagents, or criminal use of drug paraphernalia in the second degree are all examples of Class A misdemeanor drug offenses in Queens.
- Class E felonies are the least severe felony charges one might face in New York, but they still carry significant penalties. The maximum possible prison sentence for a Class E felony drug offense is four years in prison, and the defendant will also face a fine up to $5,000 and additional penalties at the judge’s discretion. Criminal possession or sale of marijuana in the third degree, unlawful disposal of methamphetamine production material, and the use of a child to commit a controlled substance violation, all qualify as Class E felonies under New York state law.
- Class D drug felonies carry a maximum potential prison sentence of seven years, a fine up to $5,000, and the judge may also assign additional penalties based on the facts of the case. Criminal possession or sale of marijuana in the second degree, criminal sale of a controlled substance in the fifth degree, and unlawful manufacturing ofmethamphetamine are common examples of Class D drug felonies in New York.
- Class C drug felonies can lead to a prison sentence of 15 years, fines up to $15,000, and significant additional penalties. Criminal sale of a controlled substance in the fourth degree, criminal sale of a prescription for a controlled substance, and criminal possession or sale of marijuana in the first degree, are examples of drug offenses that qualify for Class C felony prosecution in Queens.
- Class B felonies are some of the most severe drug offenses when it comes to sentencing, typically leading to a maximum possible prison sentence of up to 25 years in prison, fines up to $30,000, and additional penalties based on the details of the case. Criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance near any school or daycare center, and manufacturing methamphetamine are examples of Class B drug felonies in Queens.
- Class A-2 felonies include criminal possession of a controlled substance, criminal sale of a controlled substance in the second degree, and several other offenses that carry a possible maximum sentence of life in prison and fines up to $50,000.
- Class A-1 felonies are the most severe drug offenses in terms of punishment, potentially leading to life in prison and fines up to $100,000. Criminal possession of a controlled substance in the first degree or operating as a major trafficker are common examples of Class A-1 drug felonies in New York.
Possible Defenses in a Drug Crime Case
The due process laws of the United States exist to ensure fairness in every criminal trial. These laws include a presumption of innocence, meaning a defendant is innocent until proven guilty in a court of law by a jury of their peers, and that the burden of proof rests with the prosecution. A defendant in a criminal case does not necessarily need to prove they are innocent to avoid conviction; the prosecution must prove they are guilty beyond a reasonable doubt. If the prosecution fails to make their case, the defendant can avoid conviction. However, this does not mean to imply that a defendant should simply sit idle and hope the prosecution fails to establish guilt beyond a reasonable doubt. There are several ways a defendant and their attorney can be proactive in defending against drug charges in Queens. Some of the possible defenses you might invoke in a drug case in New York include:
- Mistaken identity. It is possible you were arrested because you matched the physical profile of a suspect of a drug crime investigation. Unfortunately, some people are arrested simply due to being in the wrong place at the wrong time. Your Queens drug crimes attorney will help you determine if there is any exculpatory evidence that can prove the police arrested the wrong person.
- Lack of possession. Consider the example of an arrest for drug possession at a traffic stop. If you recently transported someone else in your vehicle and they dropped drugs inside of your vehicle, the police could notice this when they conduct a traffic stop for speeding or another moving violation. In this situation, you would need to prove that the drugs did not actually belong to you. Your defense attorney can help you determine the best way to prove lack of possession if you are wrongfully accused of possessing someone else’s illegal drugs.
- Lack of intent. This defense is most likely to come into play in a case involving possession with intent to sell. For example, if you are arrested with a substantial quantity of drugs and cash, the police may infer that you intended to sell or distribute the drugs. Your defense attorney can help you disprove this claim.
- Failed chain of custody of seized drugs. Prosecutors must carefully manage physical evidence in any drug case, namely the drugs in question. Seized evidence often changes custody several times between the arrest and prosecution phases of a case. If the prosecution loses track of seized drugs, the case may be dropped on procedural grounds.
- Police misconduct. Unfortunately, some police officers engage in illegal and unethical tactics to secure convictions and increase their arrest rates. If you believe the police planted drugs in your vehicle or on your person during an arrest, you must inform your attorney of this so they can determine the best way to prove what exactly happened during your arrest. It is also possible to claim entrapment as a defense pertaining to police misconduct, if an undercover police officer coerced you into committing a drug offense you would normally not have committed.
- Unlawful search and seizure. If the police conducted a traffic stop of your vehicle and could see drugs “in plain view” inside of your vehicle, this is enough for them to establish probable cause for a drug possession arrest. However, if the police did not have probable cause to conduct a search of your vehicle, this is a violation of your Fourth Amendment protection against illegal search and seizure.
- Substance abuse. If you struggle with an addiction, your defense attorney could help you assert your substance abuse disorder as an argument against incarceration. However, this is likely only viable for cases involving minor drug offenses such as simple possession. While you may not avoid conviction entirely with this avenue of defense, you could potentially enter a rehab program in lieu of jail time.
Federal Drug Charges
What to Expect From Your Queens Drug Crime Attorney
It is natural to feel scared and uncertain after being arrested for drug crimes in Queens, especially if you were wrongfully arrested and face fines, incarceration, and a loss of your rights for something you didn’t actually do. The Queens criminal defense attorneys at the Law Offices of Robert Tsigler, PLLC can provide the defense counsel you need in this challenging situation. When you choose our firm to represent you in any drug offense case in Queens, we will carefully review the details of your situation to provide you with the best possible defense options. We will guide you through all the preliminary stages of your case such as your arraignment and bail hearing, hopefully helping you get out of jail until your case formally begins.
We believe in aggressive and responsive defense representation. You can rely on us to file any necessary pretrial motions on your behalf and prepare you for all required court appearances. We will thoroughly examine the prosecution’s evidence to evaluate admissibility and review the police report of your arrest, ensuring the arresting officers respected your Civil and Constitutional rights while upholding the laws of due process and the appropriate criminal statutes of New York.
The sooner you secure defense representation after an arrest in Queens for drug charges, the better your chances will be of avoiding conviction. If you did knowingly break the law and have committed a drug offense, plea bargaining with the prosecution could be your best option and may potentially lead to a significantly reduced sentence and/or lowered charges. You can rely on the Law Offices of Robert Tsigler, PLLC to help you make informed and practical decisions through every phase of your criminal case. If you are ready to discuss your defense with an experienced Queens drug crimes lawyer, contact us today and schedule a consultation with our team.
Robert Tsigler, Esq. has handled thousands of cases as a Queens 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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