Drug Sales

Criminal Drug Sales in Westchester County, NY

Defense for Drug Sales in Mount Kisco, NY & White Plains, NY

In New York State, the laws of Criminal Possession of a Controlled Substance and Criminal Sale of a Controlled Substance are quite broad. In fact, several Counties including Westchester County, Rockland County, Orange County and Putnam County have created task forces dedicated to the investigation of various drug related charges and make arrests for Drug Possession and Drug Sale. Due to the severity of penalties imposed for these types of crimes, it is necessary to defend criminal drug charges aggressively.

At Riebling & Payton, PLLC, we have a proven record of success in defending these types of charges. In fact, criminal defense attorney Marcia Payton is a former prosecutor from New York’s Office of Special Narcotics. In that role, attorney Payton, handled some of the most serious and complex criminal drug cases, investigations and prosecutions in New York City. Having that unique experience and insight on the side of our numerous clients charged in Westchester with drug possession and drug sale has been invaluable in achieving results.

Call for a Free Drug Crimes Consultation (914) 712-6878.

The 2 Most Common Drug Crimes Charged in New York:

  1. Criminal Possession of a Controlled Substance (CPCS)

This category of crime are typically charged as felonies. The only exception being Criminal Possession of a Controlled Substance in the 7th degree (CPCS 7) which is a misdemeanor. The elements of these crimes include:

  • A Controlled Substance is any substance prohibited by law such as cocaine, marijuana, heroin, etc.
  • Possess means to have physical possession or otherwise exercise dominion or control over the controlled substance.
  • A person knowingly possesses a controlled substance when that person is aware that he or she is in possession of the controlled substance.
  • Unlawfully means that the person had no legal right to possess that controlled substance.
  1. Criminal Sale of a Controlled Substance (CSCS)

All of the different degrees of Criminal Sale of a Controlled Substance are felonies. The elements Criminal Sale of a Controlled Substance (CSCS) include all of the elements listed above for CPCS, but also adds the “Sell” component. Sell is defined as to sell, exchange, give or dispose of to another. Sell also includes an offer or agreement to sell even if a sale does not occur.

The Defense of CPCS and CSCS

Defending clients charged with CPCS or CSCS requires a thorough investigation into the circumstances of the arrest, search and seizure issues (search warrants), laboratory methods and reports, and a number of other legal or factual analysis.

The Westchester County criminal defense attorneys at Riebling & Payton, PLLC will pursue all available options to present the best possible defense for your case. We will hold the prosecution to their burden of proof and have a history of trial success, to either get your case dismissed or reduced to a favorable plea bargain.

If you or someone you know has been charged with any drug related crime, don’t leave their defense to chance, contact Riebling & Payton, PLLC for a free consultation (914) 712-6878.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
  • Stephen J. Riebling Photo
    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...

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