Drug Charges
Drug offenses are one of the most widely prosecuted crimes in New York courts. These crimes also make up a large percentage of cases in the Federal courts. At The Law Firm of Jonathan Kaye, we have extensive experience defending clients against drug charges of every type including drug sales and possession. Defense attorney Jonathan Kaye is a former prosecutor who knows how to aggressively exploit the weaknesses in the case brought against you by protecting your constitutional rights. Contact Jonathan Kaye today for experienced, aggressive representation.
Just because you've been arrested, it doesn't mean you'll be convicted, or even charged. You don't want to face jail time or probation for a drug offense. At The Law Firm of Jonathan Kaye, we start negotiations with the prosecution as soon as possible to help eliminate or minimize the consequences of criminal charges. But for this to happen, you must act quickly.
We represent clients who are facing the following felony and misdemeanor narcotics charges involving marijuana, cocaine, crack cocaine, methamphetamine (crystal meth), prescription drugs, heroin, ecstasy (MDMA), or other controlled substances, including:
- Drug possession
- Possession with intent to sell
- Cultivation of narcotics
- Drug trafficking
- Drug manufacturing
- Drug distribution
Defenses
The 4th Amendment prohibits police officers from conducting any illegal search and seizure, which includes any search without a warrant, except under specific situations, such as consent. Drug offense cases are often defended by filing "suppression motions." The purpose of these motions is to challenge the manner in which the drugs were discovered. When these motions are granted in a drug case, it almost always results in a case dismissal.
Additionally, the prosecutor must also prove each and every element of the particular charged offense. If the prosecutor fails to do this, you are not guilty. The elements are:
- Dominion and control of the substance. Just being present at the scene of the offense is insufficient.
- The substance must be in a quantity usable for consumption or sale.
- Possession for sale also requires a specific intent to sell it.
- Knowledge of its presence.
- Knowledge of its illegal nature.
Consequences
The consequences of a drug offense conviction widely vary, from probation to lengthy prison sentences, depending on the type and quantity of drugs, and your prior criminal record.
If you have questions regarding drug charges, contact the Law Firm of Jonathan Kaye today for a free consultation. We are available to take appointments days, evenings, and weekends.
