Drug Possession Attorney in Westchester County

Experienced New York Drug Possession Defense Attorneys Protecting Your Future from a Criminal Conviction

Notice: If you need to sue for damages or are a victim of a crime, please reach out to a civil attorney or the police.

In New York, drug crimes are harshly prosecuted. If you are charged with possession or sale of an illegal controlled substance, you need help from an experienced Westchester County criminal defense lawyer who can help you fight for your future. 

At Riebling & Payton, PLLC, we offer over 50 years of combined experience to plan your defense and avoid a conviction. You do not have to face your charges alone. Call today to schedule your free consultation.

Dial 914-712-6878 now or contact Riebling & Payton, PLLC online to schedule your free consultation and begin planning your case with our Westchester County drug possession lawyers.

Criminal Possession Crimes Charged in Westchester County

• NY Penal Law § 220.21 (A-I Felony) Criminal Possession of a Controlled Substance in the First Degree
• NY Penal Law § 220.18 (A-II Felony) Criminal Possession of a Controlled Substance in the Second Degree
• NY Penal Law § 220.16 (B Felony) Criminal Possession of a Controlled Substance in the Third Degree
• NY Penal Law § 220.09 (C Felony) Criminal Possession of a Controlled Substance in the Fourth Degree
• NY Penal Law § 220.06 (D Felony) Criminal Possession of a Controlled Substance in the Fifth Degree
• NY Penal Law § 220.03 (A Misdemeanor) Criminal Possession of a Controlled Substance in the Seventh Degree

Drug possession charges in Westchester County are subject to the rigorous enforcement of New York's drug laws. Understanding the level of the charges and the potential penalties is crucial. Our firm is adept at navigating these complexities, offering informed guidance through every step of your legal journey and focusing on safeguarding your future.

Controlled Substance Classifications in New York

The five drug schedules, also known as controlled substance schedules, are a classification system used by the United States Drug Enforcement Administration (DEA) to categorize drugs according to their potential for abuse, medical use, and safety. The penalties you may face for drug possession will partly depend on what schedule the drug falls under.

The five drug schedules are:

• Schedule I: These drugs have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. Examples of Schedule I drugs include heroin, LSD, marijuana, and ecstasy.
• Schedule II: These drugs have a high potential for abuse but also have an accepted medical use with severe restrictions. Examples of Schedule II drugs include cocaine, morphine, oxycodone, and fentanyl.
• Schedule III: These drugs have a lower potential for abuse than Schedule I and II drugs, an accepted medical use, and moderate to low physical dependence. Examples of Schedule III drugs include anabolic steroids, ketamine, and some barbiturates.
• Schedule IV: These drugs have a lower potential for abuse than Schedule III drugs, an accepted medical use, and limited physical or psychological dependence. Examples of Schedule IV drugs include Xanax, Valium, and Ambien.
• Schedule V: These drugs have the lowest potential for abuse among the controlled substances and accepted medical uses. Examples of Schedule V drugs include cough medicines with codeine and certain anticonvulsants.

Understanding these classifications is crucial for anyone facing drug possession charges. Each schedule carries specific legal repercussions, and knowing the classification of the substance you're accused of possessing can significantly inform your defense strategy. Our attorneys will walk you through these details to ensure you understand the weight of the charges and prepare an informed defense plan.

Penalties for Drug Possession in New York

Although the consequences for possession charges vary based on each individual case, possible penalties may include:

• Possession of 8 or more ounces of a substance containing a narcotic drug is charged as a class A-1 felony and may result in 8-20 years in prison and/or up to $100,000 in fines.
• Class B-E felony charges may result in 1-9 years in prison and/or up to $15,000-$30,000 in fines.
• Unlawful possession of marijuana may result in up to 15 days in jail and/or a maximum fine of $250.

It is critical to understand the variance in these penalties as they relate to the severity of the charges. The weight, type of substance, and prior history can all play significant roles in potential sentencing. Our knowledgeable attorneys have a deep understanding of how these factors influence the legal process. They will analyze every detail to formulate a robust defense, aiming to mitigate or potentially dismiss these penalties.

Aggravating Factors and Enhancements:

• Prior Convictions: Nebraska's persistent felony offender laws can significantly increase prison terms for repeat felony offenders.
• School Zones: Drug crimes committed within 1,000 feet of a school, playground, or youth center can carry enhanced penalties, including mandatory minimum sentences.
• Sale to Minors: Distributing drugs to a minor (under 18) carries significantly enhanced felony penalties.
• Use of a Weapon: Committing a drug crime while armed with a weapon can lead to additional charges or enhancements.
• Serious Injury/Death: If drug distribution leads to serious bodily injury or death (e.g., drug overdose, tainted drugs), severe charges like reckless murder or manslaughter could be filed.
• Interstate Drug Stops: Federal charges may apply for larger quantities or interstate transportation, which carry even more severe penalties and mandatory minimums.

The severity and escalating nature of these penalties, particularly for possession of controlled substances or trafficking, underscore the critical need for a strategic and aggressive drug possession lawyer in Omaha.

Dial 914-712-6878 now or contact Riebling & Payton, PLLC online to schedule your free consultation and begin planning your case with our Westchester County drug possession lawyers.

Collateral Consequences of a Drug Crime Conviction in Nebraska

A drug crime conviction in Nebraska extends far beyond direct legal penalties, imposing devastating and often permanent collateral consequences on an individual's life. It results in a permanent criminal record that is typically unexpungable without diversion program completion, creating immense employment barriers and likely leading to the revocation or denial of professional licenses, effectively ending many careers. Furthermore, individuals will face significant housing difficulties and educational limitations, impacting access to rental properties, student aid, and university admissions.

Beyond these practical challenges, a drug crime conviction also entails the loss of civil rights, including voting and firearm possession. It carries a profound and enduring social stigma, affects personal relationships and community standing, and can lead to automatic driver's license suspension. Law enforcement may also pursue asset forfeiture of property connected to drug activity. Lastly, individuals may face travel restrictions to many foreign countries, and non-citizens face severe immigration consequences, including potential deportation.

Potential Defenses to Drug Charges We May Employ in Your Case

Your future is important to our team at Riebling & Payton, PLLC. We understand that being arrested for a drug crime does not make you a criminal. With the right planning and preparation, we can help you improve your chances of a favorable outcome for your case. There are many different defenses you may be able to use to tell your side of the story.

You may be able to prove:

• You were not aware of any illegal substances in your possession
• The substances in your possession were not illegal
• The amount in possession was negligible

Our drug possession defense strategies may include:

• Challenging the legality of search and seizure
• Questioning the validity of the evidence presented
• Negotiating for reduced charges or alternative sentencing
• Seeking diversion programs or rehabilitation options

Don't face drug possession charges alone. Contact Riebling & Payton, PLLC today to schedule a consultation and discuss your legal options. Our strategic approach also emphasizes preventive measures, such as advising on future conduct that aligns with the law to prevent recurrences. We aim to empower our clients not only to defend against current charges but to secure their futures confidently.

A drug crime conviction can result in long prison sentences and huge fines, so it is important that you get help protecting yourself and your future. During your free consultation, we can go over the challenges you face and help you make the best use of your available legal options.

The Legal Process for Drug Charges in Westchester County

Navigating the legal system can be daunting, especially when facing drug possession charges. Understanding the legal process can help alleviate some of the stress and uncertainty you may be feeling. Here’s a brief overview of what to expect:

• Initial Consultation: During your first meeting with our experienced attorneys, we will listen to your situation, answer your questions, and outline the potential legal strategies.
• Investigation: Our team will conduct a thorough investigation of the circumstances surrounding your case, gathering evidence and identifying any weaknesses in the prosecution's claims.
• Negotiation: Many cases can be resolved through plea negotiations. We will work tirelessly to secure the best possible outcome, whether it be reduced charges or alternative sentencing options.
• Trial Preparation: If your case goes to trial, we will prepare a robust defense tailored to your specific situation, ensuring you are fully informed and confident throughout the process.
• Post-Conviction Support: Should you receive a conviction, our firm is here to assist with appeals and other post-conviction remedies to protect your rights and future.

Every case is unique, and our dedicated team is committed to providing personalized legal solutions that align with your needs. Our communication strategy ensures that you remain informed at every step, with frequent updates and clear explanations of the legal implications to help you make educated decisions throughout the process.

Consult a Drug Possession Attorney Today

Our team has a strong working relationship with the legal community in Westchester County. We can often leverage those relationships to help our clients obtain better outcomes, such as through community service, probation, or other methods. Let Riebling & Payton, PLLC take a look at your case and help you proceed with confidence.

A comprehensive approach to defense is critical, which is why our team invests the time to review all aspects of your case, ensuring no stone is left unturned. We actively engage in ongoing education and awareness of changes in laws and legal trends, ensuring that our strategies are current and effective. We invite you to experience the attentive legal service that Riebling & Payton, PLLC is known for.

Get started now. Dial 914-712-6878 or contact us online today.