New York Drug Possession Frequently Asked Questions

by ECL Writer
Criminal Possession In The Fifth Degree Of A Controlled Substance

Drug possession is a serious offense in New York State. Being caught in possession of a controlled substance can have severe legal consequences, including fines, imprisonment, and a criminal record. If you are facing drug possession charges in New York, it’s essential to understand the law and your rights. Here are some frequently asked questions regarding drug possession in New York State.

What Is Drug Possession In New York?

Drug possession in New York is the act of having or holding a controlled substance without a valid prescription. Controlled substances include narcotics, marijuana, and certain prescription drugs.

What Are The Penalties For Drug Possession In New York?

The penalties for drug possession in New York vary depending on the type and amount of the controlled substance. For example, possessing less than 25 grams of marijuana is a violation that carries a fine of up to $100, while possessing more than 25 grams can result in up to one year in jail and a $1,000 fine. Possessing a controlled substance other than marijuana can result in felony charges and up to 20 years in prison.

What Is The Difference Between Drug Possession And Drug Trafficking?

Drug possession is the act of having a controlled substance for personal use, while drug trafficking is the sale or distribution of controlled substances. Drug trafficking carries much harsher penalties than drug possession, including mandatory minimum sentences and significant fines.

Can I Be Charged With Drug Possession If The Drugs Are Not Mine?

Yes, you can be charged with drug possession if the drugs are found in your possession, even if they do not belong to you. However, if you can prove that the drugs belong to someone else, you may be able to avoid conviction.

What Should I Do If I Am Charged With Drug Possession?

If you are charged with drug possession, it’s essential to contact an experienced criminal defense attorney immediately. Your attorney can help you understand your rights and defend your case in court.

Can I Be Charged With Drug Possession If The Drugs Are Prescribed To Me?

No, if you have a valid prescription for a controlled substance, you cannot be charged with drug possession. However, you can still face legal consequences if you use the medication inappropriately or share it with others.

Can I Be Charged With Drug Possession If I Didn’t Know I Had The Drugs?

Yes, you can still be charged with drug possession if the drugs are found in your possession, even if you didn’t know they were there. However, if you can prove that you had no knowledge of the drugs, you may be able to avoid conviction.

Can Drug Possession Charges Be Expunged In New York?

New York does not allow for the expungement of criminal records, including drug possession charges. However, you may be able to have your record sealed, which means that the public will not have access to it.

Can I Go To Jail For Drug Possession In New York?

Yes, depending on the type and amount of the controlled substance, drug possession can result in jail time. For example, possessing more than 25 grams of marijuana can result in up to one year in jail, while possessing certain other controlled substances can result in up to 20 years in prison.

What Should I Do If I Am Stopped By The Police And They Find Drugs On Me?

If you are stopped by the police and they find drugs on you, it’s important to remain calm and respectful. Do not resist arrest or argue with the police. Instead, ask to speak to an attorney as soon as possible.

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