How a New York Drug Crime Lawyer Can Help You

Drug cases are won and lost on Fourth Amendment issues more often than on the chemistry. Was the stop lawful? Was the search lawful? Was the consent voluntary? Was the warrant supported by probable cause? Was the affidavit truthful? Was the inventory search a pretext? A defense lawyer who knows how to litigate these issues can turn a guaranteed felony into a dismissal.

The Statutes

New York's Penal Law Article 220 (Controlled Substances Offenses) and Article 221 (Cannabis) govern most state-court drug cases. Felony grades depend on the weight of the substance and the intent — possession with intent to sell is more serious than simple possession of the same quantity. Federal drug cases proceed under 21 U.S.C. §§ 841 and 846 and carry mandatory minimums tied to drug weight under the Sentencing Guidelines.

Defenses We Litigate

• Suppression of evidence. If the stop, frisk, search, or warrant was constitutionally defective, the drugs are inadmissible — and the case ends.
• Constructive possession. The prosecution must prove that you knowingly possessed the drugs. Mere proximity to drugs in a shared car or apartment is not enough.
• Identification. Was the substance actually the substance the indictment claims? Lab errors, chain-of-custody breaks, and untrained field-testing all open doors.
• Agency defense. A buyer who acts as an agent for another buyer is not guilty of sale. The line between "buyer" and "seller" matters.
• Entrapment. When undercover officers induce the offense in a person not predisposed to commit it, the defense is available — though hard to win.

Alternatives to Incarceration

New York has expanded drug-treatment alternatives over the past fifteen years. Judicial diversion under CPL Article 216 lets eligible defendants enter treatment in lieu of a prison sentence. Drug treatment court, the SHOCK program, and CASAT placements are all on the table for the right cases. We work to position eligible clients for these programs from arraignment forward.

If you have been arrested for a drug possession or trafficking offense in New York, call us at 212-233-1233 or email [email protected].