If you find yourself on the receiving end of drug possession charges in New York State, you may be faced with hefty fines or jail time. Many of these charges are made indiscriminately, and with a presumption of possession charge, an entire group can be charged even if they had no prior knowledge of the presence of drugs. Facing drug possession charges can impact your quality of life, as these charges remain on your record and can impact your ability to find or keep a job that performs criminal background checks.
The first thing you should do to help reclaim your life is to contact a criminal defense attorney with a proven record of success. Drug crimes are prosecuted in conjunction with federal laws, and New York follows the federally mandated drug schedules. These schedules, along with the amount of the drug found in possession, determines the penalties the accused will face. Some of the drugs that are included in these schedules are as follows:
- Schedule I – heroin, marijuana, LSD and peyote.
- Schedule II – opium, cocaine and methadone.
- Schedule III – nalorphine, anabolic steroids and lysergic acid.
- Schedule IV – hypnotics and sedatives.
- Schedule V – cough medicines, including codeine.
Knowing which schedule of the drug you are charged is important, as drugs that fall under Schedules I and II are subject to harsher penalties than the remaining three schedules. A knowledgeable criminal defense attorney can help you establish a viable defense in light of these federal mandates and improve your chances of lesser charges or more reasonable penalties.
In addition to proving that the defendant was in possession of a controlled substance, the prosecutor must also establish that the drug was in the defendant’s possession knowingly and that the possession was unlawful. A criminal defense attorney with experience in defending drug crimes can help you debunk any false charges and help you reclaim your innocence.
If you are facing drug possession charges, contact the offices of George Vomvolakis right away to discuss your case. The office may be reached via email at [email protected], by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.