A Strong Defense For Drug Offenses

New York takes drug offenses very seriously and vigorously prosecutes them. If you are facing drug charges, you need your own serious defense team working to protect your rights. At the Law Offices of Richman Hill & Associates, PLLC, our experienced attorneys will listen to you and work with you to create the strongest defense possible. They have been defending clients throughout New York City for more than 65 years, combined. You can trust our team to fight for you throughout the process. Our practice is solely dedicated to criminal defense.

Responding To All Drug-Related Charges

Drug charges come in many forms. Both state and federal laws follow a schedule of controlled substances that lists different drugs according to their perceived danger to the public. Laws and penalties follow this schedule. Often the amount of the drugs involved will dictate both the offense charged and the severity of the penalty. Common offenses we assist clients with include:

• Driving while ability impaired (DWAI) by drugs – If you rely on your ability to drive, you could lose your license and your livelihood with a DWAI conviction.
• Possession – Although charges of possession are at the low end of the penalty scale, they can still result in jail time and hefty fines and can still have a drastic effect on your future.
• Distribution, sale and trafficking – If you possess over a certain amount of any scheduled drug, law enforcement may decide to charge you with intent to distribute. Likewise, if you are caught selling the drugs, you could face a sale of a controlled substance charge.
• Manufacturing – Mixing different chemicals to create and manufacture drugs for sale is a serious felony that can result in years in prison.

If your charges include other crimes such as weapons offenses or violent crimes, that can raise the stakes for your case. Federal law enforcement can also pursue drug charges under any level and any scheduled drug, though they tend to focus on larger operations. If you find yourself the target of a federal investigation, our attorneys are experienced in federal court.

Marijuana In New York: What Is Allowed?

Laws surrounding marijuana use and possession are changing rapidly across the country. In New York, adults 21 and older can now possess a small amount of marijuana for personal use. If you are caught with more than three ounces of cannabis or 24 grams of concentrated cannabis in your possession outside of your home, however, you could still face serious charges.

Note that serious penalties still exist for violating marijuana laws if you go beyond what is legally allowed or attempt to sell marijuana without a license. If you have questions or concerns about these laws or any legal matters surrounding drug charges, contact us for answers.

Expungement And Record Sealing For Drug Convictions In New York

New York does not offer true expungement for most adult drug convictions, but record sealing may be available in certain cases.

Eligibility depends on the type of conviction, the number of offenses and the time passed since completing the sentence:

• Qualification requirements: Individuals may apply to seal up to two convictions, only one of which may be a felony, after a 10-year waiting period from the completion of sentencing.
• Excluded offenses: Most violent crimes and serious felonies cannot be sealed, but many drug-related offenses may qualify.
• Benefits of sealing: Once sealed, records are not visible to most employers and landlords, although law enforcement agencies may still have access to them.

We can help ensure compliance with eligibility rules and improve the chances of approval.

Timeline Of A Drug Case From Arrest To Resolution

Generally, the timeline includes:

• Arrest and booking: Law enforcement detains you, files charges and records personal information.
• Arraignment: As the accused, you appear before a judge, hear the charges and enter a plea. Bail or release conditions may be set.
• Pretrial proceedings: Both sides exchange evidence, file motions and negotiate possible plea agreements.
• Trial or resolution: The case may proceed to trial, dismissal, plea agreement or alternative sentencing.

Our lawyers can guide you through each step.

Felony Versus Misdemeanor Drug Charges In New York

Drug charges in New York are classified based on factors such as drug type, quantity and alleged intent.

• Misdemeanor drug charges: Involve smaller quantities or possession for personal use. Penalties may include fines, probation or up to one year in jail.
• Felony drug charges: Usually involve larger quantities, manufacturing or intent to distribute. Convictions can result in lengthy prison sentences and lasting collateral consequences like reduced employment opportunities and limited housing options.

Because the consequences vary, our defense strategies focus on challenging evidence or seeking reduced charges.

Alternative Sentencing And Diversion Programs In New York City

Modern drug defense in New York City also focuses on alternatives to incarceration. Diversion programs aim to address substance use issues while helping individuals avoid jail or prison.

The programs include:

• Alternatives to incarceration (ATI): Provides treatment, counseling or community-based supervision instead of traditional sentencing for eligible individuals.
• Project reset: A pre-arraignment diversion program for low-level offenses that allows participants to complete brief community-based programming to avoid prosecution.
• Drug treatment courts and JUDGE programs: Offer structured supervision, treatment services and monitoring in place of incarceration for qualifying defendants.

Eligibility depends on a person’s criminal history, the severity of the charge, and their willingness to participate in treatment or rehabilitation.

Discuss Your Case With Us

Whether this is your first offense or your third, fourth or fifth, we are here to help. Our goal is to provide an excellent legal defense for every client, no matter the circumstances. To get started, contact us online or call our office in The Bronx at 929-730-7698.