Drug Possession in New York
While a conviction for drug possession is not perceived to be as serious as a conviction for drug trafficking by many people, that is simply not the case. A charge of possession of a controlled substance is a very serious matter whether it's a state or a federal charge, and depending on the facts of the case and other circumstances, a defendant could face life in prison if he or she is convicted.
If you are facing this situation, you need to take immediate action and contact us immediately. You have Constitutional rights that are guaranteed as a defendant, and you need to both gain an understanding of them and assert them aggressively as early in the investigatory or prosecution process as soon as possible.
Below is a general guideline of the sentences that a convicted defendant could face in federal court, based on the amounts involved, and New York largely follows the same guidelines:
Minimum of 10 Years and Maximum of $4 Million Fine
- Heroin : 1 kg. or more
- Cocaine: 5 kg. or more
- Crack Cocaine: 50 gm. or more
- Methamphetamine: 100 gm. or more
- PCP: 100 gm. or more
- LSD: 10 gm. or more
- Marijuana: 1,000 kg. or more
- N-Phenyl-N-propanamide: 400 gm. or more
Minimum of Five Years/Maximum of 40 Years and Maximum of $2 Million Fine
- Heroin: 100 999 gm.
- Cocaine: 500 4,999 gm.
- Crack Cocaine: 5-49 gm.
- PCP: 10-99 gm.
- Methamphetamine: 10-99 gm.
- LSD: 1-10 gm.
- Marijuana: 100-1,000 kg.
- N-Phenyl-N-propanamide: 40-399 gm.
Your Next Step
As you see, the biggest determining factor of the sentence and fine you face is the amount of the controlled substance involved. However, there are other factors that need to be handled properly by the authorities, such as executing a proper search and conducting any questioning in a proper manner and in such a way that you are made aware of your rights before any questioning can occur or any statements given.
If you are arrested for possession of a controlled substance, you need to remember to exercise your rights to remain silent and to request an attorney. After you've done that, contact the Blanch Law Firm immediately to speak to a criminal defense attorney. They will be able to help you through this process and to make sure that your rights are protected. Contact the firm today.
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