Albany Drug Possession Attorney
Aggressive Defense for Drug Possession Charges in New York
Drug possession is considered a serious criminal offense in New York. If you are convicted, you could be faced with jail time, fines, and other penalties. A conviction will also be left with a permanent criminal record, which can make it challenging to find a job, secure housing, or obtain a loan. If you have been charged with drug possession, it is important to take the matter seriously and seek legal representation right away.
At The Kindlon Law Firm, PLLC, our Albany drug possession attorneys are prepared to fight for you. Let us guide you through the legal process, protecting your rights and working tirelessly to obtain the best possible result.
Call The Kindlon Law Firm, PLLC today at (518) 444-4428 or contact us online to schedule a consultation with our drug possession lawyer in Albany.
What is Drug Possession?
Drug possession commonly refers to the act of having illegal substances in one's possession, control, or custody. In New York, it is a serious offense, and the severity of consequences can differ depending on the type and quantity of drugs involved. The prosecution typically needs to establish that the accused knowingly and intentionally possessed the controlled substances. Possession can be classified into two types: actual possession and constructive possession.
- Actual possession involves having physical control of the drugs, such as having them in your pocket or hand.
- Constructive possession, on the other hand, occurs when the drugs are not on your person but are in a location over which you have control, like your home or car.
What are the Penalties for Drug Possession in New York?
The penalties for drug possession in the state of New York will differ depending based on several factors, including the type and amount of the controlled substance, any prior criminal history, and whether the possession occurred near a school or other protected areas. It is crucial to understand the potential consequences one may face:
- Community service
- Court-ordered drug treatment programs
- Lengthy imprisonment
- Significant fines
- Mandatory participation in drug rehabilitation programs
- Loss of certain civil rights
Enhanced Penalties for Aggravating Factors:
- Possession in a school zone
- Possession with intent to sell
- Possession of large quantities
Defenses Against Drug Possession Charges
Mounting an effective defense against drug possession charges requires a thorough understanding of the law and the ability to identify weaknesses in the prosecution's case. Some common defenses against drug possession charges may include:
- Illegal Search and Seizure: Challenging the legality of the search that led to the discovery of the controlled substance.
- Lack of Knowledge: Arguing that the defendant was unaware of the presence of the drugs.
- Unlawful Arrest: Questioning the legality of the arrest, ensuring that law enforcement followed proper procedures.
- Fourth Amendment Violations: Challenging the constitutionality of the police actions during the investigation and arrest.
- Chain of Custody Issues: Examining the handling and storage of seized substances to identify potential contamination or tampering.
Contact Our Albany Drug Possession Lawyer Today
If you or someone you know is facing drug possession charges, don't face the legal system alone. The Kindlon Law Firm, PLLC, is here to provide the strong legal representation you need. Our Albany drug possession attorneys are ready to fight for your rights and guide you through every step of the legal process. We are committed to providing you with the expert legal representation you deserve, protecting your rights, and working tirelessly to obtain the best possible result in your case.
Contact The Kindlon Law Firm, PLLC, today to get started with our Albany drug possession attorney.
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