Albany Drug Crime Lawyers
Aggressive Criminal Litigation For Clients Facing Drug Charges in New York
When it comes to drug crime charges, a whole range of different accusations might be made against you. You may be facing a single, first-time misdemeanor or federal felonies that cross multiple jurisdictions. No matter the accusation, however, you will require a strong criminal defense from our Albany drug crime attorneys to obtain an optimal outcome. The punishments for those alleged to commit drug crimes tend to be extremely harsh, demanding defendants to serve long prison sentences and pay huge fines. In most cases, the charge will permanently stain your record, preventing you from getting a job, purchasing or renting a home, or even enrolling in professional or educational courses. When your future is on the line, turn to our zealous team at The Kindlon Law Firm, PLLC, for a trustworthy defense.
Are you facing a drug crime charge in New York? Call The Kindlon Law Firm, PLLC today at (518) 444-4428 or contact us online to schedule a meeting with one of our drug crime attorneys in Albany!
Experienced Representation Against a Wide Range of Drug Charges
Here at The Kindlon Law Firm, PLLC, you can count on a legacy of generations of experienced attorneys who are highly familiar with the most powerful strategies for fighting drug charges. With over a century’s worth of combined legal experience, you can rely on us to effectively represent you for a huge range of crimes related to drugs.
Just some of the cases which we have successfully won for our clients have included those dealing with:
- Cultivating and manufacturing of controlled substances
- Drug distributing and trafficking
- Possessing any paraphernalia related to drugs
- Possessing or carrying controlled substances
- Committing prescription fraud
Drug Schedule Scale in New York
Like the rest of the United States, New York uses the federal drug schedule scale to classify controlled substances based on their potential for abuse, medical value, and safety. The five schedules range from Schedule I, which includes the most dangerous and addictive drugs, to Schedule V, which includes drugs with a low potential for abuse and dependence.
Here is a brief overview of the drug schedules in New York:
- Schedule I: This category includes drugs with no accepted medical use and a high potential for abuse, such as heroin, LSD, and ecstasy.
- Schedule II: This category includes drugs with a high potential for abuse and dependence but also have a recognized medical use, such as oxycodone, fentanyl, and cocaine.
- Schedule III: This category includes drugs with a moderate to low potential for abuse and dependence, such as anabolic steroids, ketamine, and some forms of codeine.
- Schedule IV: This category includes drugs with a lower potential for abuse and dependence than Schedule III drugs, such as benzodiazepines (like Xanax and Valium) and some forms of tramadol.
- Schedule V: This category includes drugs with the lowest potential for abuse and dependence, such as cough syrups containing codeine in small amounts and some forms of pregabalin.
It's important to note that possessing or distributing any controlled substance without a valid prescription can result in serious criminal charges in New York, with penalties ranging from fines and probation to imprisonment and even life in prison for certain offenses.
What are the Penalties for Drug Crimes in New York?
The penalties for drug charges in New York depend on several factors, including the type and amount of drug involved, the individual's intent, and whether the individual has any prior drug-related convictions. Here is a general overview of the penalties for drug charges in New York:
- Possession of a Controlled Substance: Possession of a controlled substance in New York is a crime and can result in a range of penalties, including fines, probation, and imprisonment. The penalties vary based on the type and amount of drug involved, with more serious penalties for larger drugs or drugs with a higher potential for abuse.
- Possession with Intent to Sell: Possession of a controlled substance with the intent to sell or distribute it is a more serious offense than simple possession and can result in more severe penalties, including longer prison sentences and higher fines.
- Sale or Distribution: Selling or distributing controlled substances in New York is a felony offense and can result in significant penalties, including lengthy prison sentences and large fines.
- Drug Trafficking: Drug trafficking, which involves the manufacture, transportation, and distribution of large quantities of controlled substances, is a serious offense in New York that can result in very harsh penalties, including life imprisonment.
In addition to the above penalties, individuals convicted of drug charges in New York may also face collateral consequences, such as a loss of professional licenses or the ability to receive federal financial aid for college. It's important to note that drug charges in New York are very serious and can have long-lasting consequences, so it's crucial to seek legal representation if you're facing drug charges.
Selling or Trafficking Drugs
Because trafficking drugs usually cross-national or state boundaries, these cases tend to be much more complicated, often involving federal officers rather than local officials. Your allegations could be doubled if classified as breaching federal and state laws. Since drugs are classified into five organizations or “schedules” based on the drug’s potential for abuse and addiction, you could have harsher punishment depending on the substance. Felony penalties are particularly harsh and can involve stacking charges not only on the type and amount of substance trafficked or sold but also on the sales’ relative proximity to key locations like schools or playgrounds.
Charges of Drug Cultivation or Manufacturing
Those accused of cultivating or manufacturing controlled substances and illegal drugs, whether marijuana or meth, need an extra aggressive representation and criminal defense. This is because the potential consequences tend to be much more severe. In many unfortunate cases, police officials often bypass the appropriate and legal boundaries of criminal procedure the law outlines. Their illegal surveillance or seizure could cause the entire case to be dismissed, but only if you have attorneys who can demonstrate this wrongdoing took place.
Defenses For Drug Crime Charges
Several defenses can be used for drug crimes in New York. Here are some common ones:
- Unlawful Search and Seizure: If the police do not have a valid search warrant or probable cause to search you or your property, any evidence they find may be excluded from the trial. This is known as the "exclusionary rule," designed to protect individuals from unreasonable searches and seizures.
- Lack of Possession or Knowledge: If you did not know that drugs were in your possession, or if you did not have control over the drugs, you may be able to argue that you are not guilty of drug possession.
- Entrapment: If law enforcement induced or coerced to commit a drug crime that you would not have otherwise committed, you may be able to argue entrapment as a defense.
- Medical Necessity: If you were using a controlled substance for medical purposes and had a valid prescription from a licensed medical practitioner, you may argue medical necessity as a defense.
- Crime Lab Analysis: You can challenge the prosecution's case by having the substance tested in an independent crime lab to ensure that the substance was controlled.
- Constitutional Challenges: You can challenge the constitutionality of the law you are charged with violating, such as challenging whether a statute is overbroad or vague.
It's important to note that these defenses are highly dependent on the case's specific circumstances and should be evaluated by a criminal defense attorney. An experienced Albany drug crime attorney can help you determine the best defense strategy for your case.
Contact Our Albany Drug Crime Attorneys Today
The moment you have been accused of illegal drug activity, you cannot risk hesitating. Immediately get in touch with our Albany drug crime attorneys. Our dedicated team of lawyers are ready to fight aggressively for you to protect your liberty and your rights.
Contact The Kindlon Law Firm, PLLC, today to schedule a FREE consultation with one of our drug crime lawyers in Albany!
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