Frequently Asked Drug Crime Questions

Answers from Our New York City Drug Crimes Lawyers

At 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 seem unattainable.

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.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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    Maspeth, NY 11378
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    New York, NY 10017
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    White Plains, NY 10601
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