What Defenses Exist for Possession of a Controlled Substance in New York?

If you’re facing charges for possession of a controlled substance here in Mineola, NY, talk to a drug charges lawyer as soon as you can to get started on building a strong defense.

Defenses Your Drug Charges Lawyer in Mineola, NY May Use

Lack of Knowledge

One of the strongest defenses you can bring challenges the requirement that the prosecutor show you “knowingly” possessed the substance. The law does not punish you for accidentally being around drugs, so if the drugs were hidden in a borrowed car, a shared apartment, or a bag you had no idea contained anything illegal, you can argue lack of knowledge. This defense forces the prosecutor to prove you knew you had the drugs, which is often harder than it sounds when the evidence is thin.

Challenging the Search and Arrest

Police must follow constitutional rules when they search you, your car, or your home. There are only three reasons they can do so:

1. They had probable cause
2. They had a valid warrant
3. They had reasonable suspicion that a crime was being committed/had been committed

If you can show that the police lacked one of these three justifications, then any evidence they recovered may be thrown out. Your lawyer will file a suppression motion, and the judge will hold a hearing to decide whether the search was lawful. If it wasn’t, the drugs themselves can’t be used in the case. Many cases end right here because, without the drugs, the prosecutor has no case. 

Errors in How the Drugs Were Handled

The drugs taken from you or your property must be properly identified as a controlled drug, the weight must match the degree of the charge being brought against you, and the drugs themselves must be accounted for from the moment they were seized to the moment they’re used in court. 

Mistakes do happen in testing, labeling, or storage, however, and if the lab report is incomplete, the sample was contaminated, or the weight is not what was initially claimed, you can move to reduce or dismiss the charge. 

You Fall Under a NY Special Exception

New York has a few specific protections. For seventh-degree possession, for example, you cannot be convicted if the drugs were a residual amount inside a syringe obtained through a legal exchange program. The 911 Good Samaritan Law also shields you from possession charges if officers discover the substance while you or someone else is seeking emergency medical help for a drug or alcohol overdose. This protection covers you for possessing amounts up to the A-2 felony level (anything under eight ounces)

You do not have to figure this out alone, and there are more options for defense than we can list here. The right defense strategy can make the difference between a conviction and a clean slate, but the most important thing is to work with a skilled and experienced lawyer. Call the Law Firm of Michael R. Franzese in Mineola, NY right away to get started. We serve clients throughout Nassau County and Long Island.

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