Sometimes police arrest criminal suspects after a long investigation of the alleged crime. But sometimes they make an arrest on serious charges after investigating a seemingly trivial incident, such as a parking violation.
If an individual in New York is accused of a drug crime, the person could face serious penalties. Depending on the type of crime and the type of drug, a defendant could endure harsh penalties and even mandatory minimum sentences if the individual is convicted for drug possession. Whether a motorist was subject to a search following a traffic stop or accident, an individual's home is searched due to reasonable suspicion or the accused's person was searched following suspicion, those accused of drug possession charges have defense options.
As a previous post discussed, mandatory minimum sentences could present harsh penalties for those accused of certain crimes. Because, in some instances, this has caused some offenders to endure serious penalties that outweigh the offense that the person was convicted of, these mandatory minimums have been modified for some lesser crimes. However, if an individual is accused of a serious drug crime, the person can still face the consequences of a harsh penalty, especially if the allegations involve a drug ring crossing state and international borders.
The manufacturing of methamphetamine is illegal under both federal and state laws, and when individuals in New York are accused of being involved in any step of the illicit drug production process, they are likely to face serious consequences. In most cases, a suspect will face drug charges if they are in possession of a drug; however, the accused could also face charges for being in possession of precursor chemicals, specialized equipment or being documented offering to help manufacture a drug.
Facing criminal allegations could greatly impact the life of the accused. In addition to facing potential serious consequences for the alleged crime, the personal and professional life of the accused could suffer tremendously due to pending drug charges. Depending on the details of the crime, a drug charge could carry severe consequences, making it imperative that defendants consider the defense options available to them.
When individuals in New York are subject to a search, they should understand their rights. Whether it occurs at a traffic stop, subsequent to an arrest, at your home, at work or any other place, there are factors and circumstances that could invalidate a search. Even if police officers discover drugs in your possession or charge you with the intent to distribute a controlled substance, there are ways to initiate a defense against these criminal charges.
Being in possession of an illegal drug or substance alone does not automatically mean that the accused will face other drug charges. However, if individuals in New York and elsewhere are found in possession of other items or equipment, then he or she could face additional allegations. Drug manufacturing and drug cultivation, for example, are considered serious charges and could carry harsh penalties. Thus, defendants should be aware of the elements necessary for prosecutors to obtain a conviction on these charges so that they can better defend against them.
In order for law enforcement to collect evidence on a defendant in New York or elsewhere, it is likely that a search warrant will be required. The failure to properly obtain a search warrant could mean that evidence improperly collected will be suppressed. Ultimately, this could help defendants reduce or dismiss the criminal charges against them.
A drug charge is often considered a serious charge and one that could severely impact the personal and professional life of the accused, especially if that person is convicted of the crime. In some cases, defendants in New York and elsewhere could face additional charges that stem from an original drug possession charge. However, in order for an individual to face charges in conjunction with possession of a drug, certain elements need to be satisfied.
One common circumstance that leads to criminal charges in New York is a traffic stop. Typically, an officer pulls a driver over due to a traffic violation, and during the traffic stop the police officer presumably uncovers evidence that makes them reasonably suspicious that the driver or one of the passengers might have committed another crime. This could lead to a subsequent search of the driver, passengers in the vehicle and even the vehicle itself. If officers uncover items such as drugs or drug paraphernalia, this could result in drug charges on top of the traffic violation the driver was stopped for.