If you are facing a drug possession conviction in the state of New York, you are looking at serious legal issues that can impact your life and employment status. Specifically, if your case involves what are considered more dangerous drugs, then you are subject to possible jail time and a permanent criminal record. So, if you are caught with marijuana, heroin, cocaine, methamphetamine, prescription drugs, or any other illegal drug, follow along to discover how one of the seasoned Garden City, NY drug crime attorneys at Grunwald & Seman, P.C. can help to defend your case.
What are possible defenses can I take against my drug possession conviction?
It is important to understand your rights when being accused of illicit drug possession. Below are some common defenses that our firm has had success in arguing:
- Improper search and seizure procedure: it is only legal under certain criteria for law enforcement officers to search you or your property for illegal drugs. Such circumstances include if they have a valid search warrant or if the drugs are found in plain view. If not done in this legal manner, you can challenge it and the New York court will exclude this evidence from the trial.
- The drugs belonged to someone else: you can argue that the drugs did not belong to you or you otherwise had no idea that drugs were in your possession. This may be difficult to justify, as usually prosecutors only need to prove that you had control of or access to the drugs.
- Improper crime lab analysis procedure: if you believe there were errors or discrepancies in the crime lab analysis report, you can raise this issue to the New York court and require a crime lab analyst to testify.
- Improper chain of custody procedure: if the illicit drugs are missing due to the law enforcement officer’s failure to secure them in an evidence room or locker, you can argue their existence. And even if they are presented in trial, you can argue that they are not the same ones taken from you if you can show that the officer mishandled them throughout the course of the investigation.
- Entrapment: this is for when you believe that the law enforcement officer harassed or threaten you into committing a drug crime that you otherwise would not have committed.
- Medical marijuana: in the state of New York, medical marijuana has been legalized. With a doctor’s signed recommendation, you will be able to show clear evidence of your medical need.
If you require any further assistance with a possible defense, do not hesitate in reaching out to one of the knowledgeable Nassau County criminal defense attorneys today.
Contact Our Long Island Firm
If you need experienced legal counsel for a criminal matter on Long Island or anywhere inNew York State, please contact Grunwald & Seman, P.C. to schedule a consultation.
