Bronx Drug Crime Lawyer

Bronx Drug Crime Attorney

Being arrested for drug possession in the Bronx can be overwhelming and frightening. You may have many concerns about your future and what steps to take next. At Greco Neyland, PC, we understand the gravity of your situation. A Bronx drug crime lawyer is ready to help you now. We are committed to providing skilled legal defense and ensuring that your rights are protected every step of the way.

Greco Neyland, PC: Your Bronx Drug Crime Lawyers

If you have been charged with drug possession, you need an experienced Bronx criminal defense lawyer who understands all possible defenses for your case. Greco Neyland, PC, represents clients accused of drug-related crimes under state or federal law in all five boroughs of New York City and the surrounding counties.

Our team regularly handles a variety of drug-related cases in the Bronx that span from simple misdemeanors to serious felonies. We are well-versed in New York drug laws, familiar with prosecutorial tactics, and skilled in mounting a strong defense for any charges you face.

Controlled Substances in New York

New York State’s controlled substances laws closely align with United States federal regulations. A controlled substance is a drug (or chemical) that can only be used within legal guidelines. These substances are categorized into different schedules based on their potential to be abused, medical benefits, etc.

Many controlled substances cannot be possessed without proper legal authorization, such as a valid prescription. Other substances are banned altogether. Examples, per New York’s Public Health Law Section 3306, are as follows:

• Schedule I drugs carry a high potential for abuse and are not currently accepted for medical use. Examples include LSD, Ecstasy, and Heroin.
• Schedule II drugs also have a high potential for abuse and are currently accepted for medical use with very strict restrictions. Examples include Cocaine, Methamphetamine, Oxycodone, Fentanyl, Morphine, and Vicodin. Cocaine, for example, may be used in a medical setting as a local anesthetic for certain surgical procedures.
• Schedule III drugs have a moderate to low risk of abuse or dependence and are currently accepted for medical use. Examples include Anabolic steroids, Ketamine, and Testosterone.
• Schedule IV drugs have less potential for abuse compared to those in Schedule III. Examples include Ambien, Xanax, Ativan, and Valium.
• Schedule V drugs have the lowest potential for abuse and are made with limited amounts of narcotics. Examples include codeine cough medicine, like Robitussin or Vimpat.

Drug Possession Charges in New York

Drug possession charges in New York are classified in a hierarchy based on the seriousness of the substance involved and the amount possessed. The charges range anywhere from misdemeanors to felonies. For example, criminal possession of a controlled substance in the seventh degree is generally a misdemeanor and involves possession only of small amounts of certain drugs.

Criminal possession in the fifth degree is a felony. This sometimes involves higher amounts or an intent to sell. Different factors like possessing a controlled substance in or near a school zone or while also in possession of a gun can escalate the charge.

Drug Treatment Courts in New York

Drug Treatment Court in New York is a specialized court program that provides an alternative to the traditional way of processing people with substance abuse problems. Through a voluntary, structured program (with very intense supervision), participants go through drug testing, treatment services, and consistent court appearances.

Successful completion can lead to downgraded or dismissed charges. This allows them to escape incarceration and turn their lives around through rehabilitation. The goal of the Drug Treatment Court program is to holistically reduce recidivism and subsequent public danger by addressing underlying substance abuse issues.

Understanding Your Rights During an Arrest

If you are under arrest for drug possession, it is important to understand your rights. That way, you know what to say if you are pulled over and/or questioned by law enforcement and charged with a drug possession crime. You have the right to remain silent and should not make any statements to the police without your attorney present.

It is important to have an attorney represent you as soon as possible. If the police violated any of your rights during the arrest, it can greatly impact your case. Our office can investigate and ensure that your rights are protected and defended against any illegal police misconduct.

FAQs

Q: What Is the Possession Limit in NY?

A: In New York, the possession limit is three ounces of marijuana or 24 grams of concentrated marijuana for personal use outside your home. The amount that you are allowed to have on you depends on the specific drug. If you possess more than that for any given controlled substance, then you may face a criminal charge, depending on the combination of amount and type. At your home, however, you can typically store up to five pounds of cannabis.

Q: How Long Is a Sentence for Possession?

A: The sentences for drug possession are different, depending on whether the offense is a misdemeanor or a felony and on the type of substance involved. However, they can range from a year in jail for a misdemeanor conviction to several years to life for felony possession, depending on the class of felony and the defendant’s criminal history.

Q: What Is the Statute of Limitations on Drug Charges in NY?

A: The statute of limitations for drug crimes in NY depends on the nature of the offense. For misdemeanor offenses, the statute of limitations is two years. For felony offenses, the statute of limitations is five years. All sorts of conditions can pause or extend that period. If a defendant leaves the state, for example, the statute’s clock may stop running until the defendant returns. This prevents a person who wants to avoid prosecution from simply escaping and coming back, without consequence.

Q: What Is Criminal Possession of a Controlled Substance in the Seventh Degree in NY?

A: Criminal possession of a controlled substance in the seventh degree in New York is classified as a misdemeanor. This charge is typically brought on when an individual is knowingly in possession of a small amount of a controlled substance in violation of state laws. Although it is a misdemeanor, a conviction can lead to serious repercussions that can impact various aspects of the individual’s life, such as employment and housing opportunities.

Contact a Bronx Drug Crime Lawyer Today

If you are facing drug possession charges in the Bronx, you should secure immediate legal assistance. At Greco Neyland, PC, our experienced Bronx drug crime lawyers are dedicated to providing you with a strong defense while protecting your rights. We can work for a fair, favorable outcome while supporting you through this challenging time. We are proficient in Spanish and prepared to assist you today. Contact us for a consultation.