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Drug Charges Archives

The different types of drug treatment courts in New York

A strong criminal defense strategy when faced with drug charges could help the accused get the charges reduced or dismissed, but there are also programs that are available that the accused could voluntarily enter into that could help them dismiss the charges or reduce the penalties they will face. In New York, there are currently 141 drug courts operating in the state. Of those, 89 are in the criminal courts, 33 are in the family court, four are in the town and village courts and 15 are in the juvenile system. If a defendant seeks to participate in a drug treatment court, it is important to understand the different types of drug treatment courts and drug diversion programs available in order to establish eligibility.

Can drug-related charges affect eligibility for student loans?

When New York residents are accused of a drug crime, they will often consider how a conviction will impact their future. For those in college, a drug conviction could seriously affect the student's ability to continue receiving federal financial aid. It is not only important that college students accused of drug crimes consider their defense options, but also how any conviction could impact their future.

How can you dismiss drug charges based on marijuana possession?

Being accused of a crime an individual believes that he or she did not commit can be a difficult predicament to be in, especially when state law permits his or her actions. However, facing allegations of a drug crime does not mean that the accused must endure the penalties of the crimes the defendant has been charged with. In fact, it means that the defendant could use state laws and regulations to make a defense to dismiss the charges they face.

Understanding the different types of drug charges in New York

The type of drug charge a defendant faces is dependent on the type of drug involved, as well as the quantity. Sentences often range based on whether the arrestee is charged with a state or federal drug charges. There are five major types of drug charges individuals in New York could be charged with.

What are the defenses for possession of a controlled substance?

Being accused of a drug crime should never be taken lightly. Even accusations for possessing a small quantity of a drug could carry serious penalties. The consequences of a criminal conviction are often dependent on the type of drug that the defendant allegedly possessed, the amount possessed and the intent of the accused. No matter the severity of the penalties a defendant might face, it is important to consider the defense options available to potentially help reduce or dismiss the charges.

How could a defendant reduce an intent to distribute charge?

Being accused of a serious crime, such as drug charges, could mean facing harsh penalties. The details of the crime often dictate the severity of the charges and whether the accused will be charged with a felony or misdemeanor. While a conviction on a misdemeanor charge often means the defendant will still endure significant penalties, these are often less severe than a felony conviction. Moreover, the defendant would not have a felony conviction record, allowing that person to avoid the damaging effects a conviction could have on personal and professional life. Because of this, seeking reduced charges could be an effective defense option for some defendants facing drug charges.

Helping defendant initiate a defense against drug charges

Various situations or circumstances might cause a New York resident to face drug charges. Depending on the details of the situation and the criminal background of the accused, this could mean serious penalties if convicted. Our law firm understands that drug crimes carry serious consequences and could cause an individual to endure a damaged personal and professional reputation. This is why it is imperative that defendants evaluate the circumstances leading to the charges, determining what defense options are available.

What constitutes a proper stop and frisk in New York?

Whether it is on the road or on the street, when residents in New York are stopped by the police, many questions run through his or her head. Why are they being stopped? What rights does the officer have? What defenses are available when an officer searches a vehicle or person and discovers drugs? Individuals facing drug charges after a stop and frisk should understand the laws that govern this act. This could help the accused with his or her defense and possibly reduce or drop the charges against them.

New legislation in New York addresses heroine crisis in state

Last week's blog focused on diversion programs used to reduce the number of inmates with mental illness. These programs seek to treat these individuals instead of incarcerating them. Much like that type of diversion program, drug diversion programs seek to treat and rehabilitate those accused and even convicted of drug crimes. In addition to helping those with drug addiction or abuse problems, these programs also seek to decrease the usage of these drugs, as well as crimes committed that involve these drugs.

What is drug court and how does it help New York defendants?

Facing a drug crime usually means facing serious penalties and consequences. But an offender convicted of a serious drug charge may not always face a prison sentence. The details of the crime and the criminal background of the accused are put into consideration when placing offenders into a detention alternative program such as drug court.

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James M. Wagman, Attorney at Law

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