Drug Crime Lawyer

Possession charges involve having a controlled substance for personal use. Trafficking or sale charges involve intent to distribute, which prosecutors may infer from the quantity found, packaging materials, scales, or large amounts of cash. Sale charges carry significantly harsher penalties. The distinction often comes down to the quantity and circumstances — an experienced attorney can challenge the prosecution's interpretation.

New York offers alternative sentencing programs for individuals with substance abuse problems who are charged with certain drug offenses (Class B through E). By successfully completing the program, a judge may reduce your charges or even dismiss them. Eligibility depends on your charge level, criminal history, and willingness to participate. Attorney DeLuca can advise whether this option is available in your case.

If drugs are found during a traffic stop, the legality of the search is critical to your defense. Officers need probable cause or your consent to search your vehicle. If the search was conducted illegally, any evidence found may be suppressed and the charges could be dismissed. Attorney DeLuca will investigate whether your rights were violated during the stop and search.

Quantity is one of the most significant factors in drug charges. Small amounts may result in misdemeanor possession charges, while larger quantities can elevate charges to felony-level possession with intent to distribute. New York's drug laws set specific weight thresholds that determine the degree of the charge — from Class E felony up to Class A-I felony for the largest quantities. The type of substance also matters, with penalties varying between drugs.

Yes, under the legal concept of "constructive possession." If drugs are found in an area you control — such as your car, home, or personal belongings — you can be charged even if someone else placed them there. However, the prosecution must prove you knew about the drugs and had control over them. A defense attorney can challenge whether constructive possession actually applies to your situation.