Frequently Asked Drug Crime Questions
Answers from Our New York City Drug Crimes Lawyers
Musa-Obregon & Associates, we are committed to results-driven, client-centered legal representation. Being
charged with a crime, especially
drug crimes, can change everything about one’s life and make future prospects
Familiarizing yourself with the law and your legal rights can offer you
better perspective. You have the right to fight and defend yourself. You
may have a better idea of what you may be up against during the criminal
trial process from our frequently asked questions below.
We advocate on behalf of anyone facing drug charges in New York, including
Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.
What do I do if I was arrested for
possession with intent to sell?
24 hours after you are arrested, you will have an arraignment. During that
time, you are formally charged with a crime. You will be advised of your
rights and given a chance to enter a plea. We strongly advise enlisting
a defense attorney at this point. We would never recommend entering a
plea of guilty in such cases. You should have the chance to understand
the repercussions and fight beforehand.
Will I have to go to jail? How long is the sentence?
Possessing even the smallest amount can lead to severe punishments. However,
most of the time, New York
drug possession charges are hardly ever given the maximum sentence. For a first-time offender
in possession of a small quantity, the courts can usually grant some leniency.
As always, having skilled defense attorney can reduce the severity of
the charges—and even get them dropped altogether.
- Class A-1 felony possession (8 or more ounces of narcotic drugs): 8 to
20 years in prison, $100, 000 fine
- Class B through E: 1-year minimum or maximum 1.5 to 9 years in prison,
$15, 000 to $30, 000 fine
What happens if I refuse a chemical test?
In New York state, you are required by law to submit to a chemical test
to determine the level of drugs in your system if an officer has reasonable
cause to do so. If not, you may have your driving privileges revoked,
and you will have to attend a formal hearing with the DMV so that you
can retain this right. You only have 15 days to schedule this hearing
after an arrest. This process is entirely different from a criminal trial,
however, so if you do lose your right to drive during the hearing, you
must wait for the outcome of your trial. If convicted, you cannot apply
for the conditional license at least one year.
What are the penalties for marijuana?
Marijuana usage is illegal in New York state. However, most of the accused rarely
receive the maximum punishment. For a first-time offender, smoking marijuana
in one’s home or another private, secluded area, a first-time offender
may only need to pay a $100. The penalties may enhance for subsequent
offenses. Smoking marijuana in a public area, on the other hand, is considered
a misdemeanor and one may have to serve a jail sentence of up to 6 months.
If this is your first offense, you may be able to have your case heard
in a Marijuana Adjournment in Contemplation of Dismissal (MACD). This
can help you avoid being charged, so long as you avoid another arrest
within the next year.
How can you defend my charges?
Musa-Obregon & Associates is home to experienced
New York City drug crime attorneys with a widely respected reputation for vigorous representation. The key
part of combatting a drug crime charge, or any criminal offense for that
matter. Your particular defense will depend immensely on the specifics
of your case. For example, did the officer have enough reasonable cause
to arrest you?
What if you had no idea that the drugs were in your possession or the officer
used an underhanded tactic to discover the drugs? As
former prosecutors, we know what happens during every step of the criminal trial process.
We can find a way to identify weaknesses in the evidence and use that
as an argument in your favor.
With 100 years of collective experience to our name, Musa-Obregon &
Associates are prepared to preserve your legal rights. Give us a call
at (888) 502-8461 or
fill out a free online case evaluation form to discuss your concerns with us.