What is Molly? Why do the police arrest you in New York for even the smallest amount? Why do prosecutors care if you have some drugs for “personal use”? Is the Manhattan District Attorney’s Office, or for that matter any District Attorney’s Office in New York City or a neighboring…
Articles Posted in Drugs and Narcotics
Marijuana Crimes: Can the Police Merely Allege a Public Location or Public View without Giving More Detail as to the Location of an Incident
Not necessarily relevant to every criminal offense found in the New York Penal Law, many arrests and crimes stem from what the police see in public or plain view. Whether officers with the NYPD or other local police agency stop your car and see a knife inside the vehicle from…
Possession in an Apartment Where Drugs are Found: Can Presence Alone Support an Arrest and Prosecution for NY PL 220.03 or NY PL 2201.16
If there are drugs found in your Manhattan apartment and you are inside that apartment, you are guilty of possessing those drugs, correct? If the police execute a search warrant and you reside in the in the Brooklyn home where drugs, such as cocaine, heroin or marijuana are found, you are guilty…
ACD Dismissal for NYC Man Charged with PL 220.16 Felony Possession of 71 Pills of Xanax & Alprazolam Along with a Half Pound of Marijuana
Drug, controlled substance and narcotics crimes in New York may not be punished to the same magnitude as the Rockefeller Drug Laws of the past, but any New York Penal Law Article 220 crime in New York City or in a suburban New York State county still carries a significant…
Alleged NYC Craigslist Adderall Seller Avoids Felony Conviction for PL 220.31 & Receives No Jail & No Probation
Selling adderall online on sites such as Craigslist is an extremely serious drug felony in New York. For that matter, selling adderall or other controlled substances to an undercover cop or any other buyer online or in person is criminally devastating. It is of no consequence whether or not you…
Study Aids and Pain Relief for Sale: New York Felony Crimes Involving the Illegal Sale and Possession of Adderall
It is likely not lost on your criminal attorney or New York criminal defense lawyer. The same can certainly be said about the undercover police officer who purchased “study aids” from you after seeing your advertisement on Craigslist. Even more concerning, it is likely not the prosecutor’s (Assistant District Attorney)…
NY PL 220.16 Drug Felony Reduced to NY PL 220.03 Misdemeanor & Ultimately Adjourned for Dismissal: Client Receives ACD After Prosecutors Alleged Possession of 45 Bags of Heroin with Intent to Sell
If your client is arrested for and charged with Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Law 220.16) for allegedly possessing 45 glassines of heroin with the intent to sell that drug, you certainly engage the Assistant District Attorney when a non jail offer…
New York PL 220.03: How the Police & Prosecutors can Establish Constructive Possession When Drugs or other Contraband is Not on Your Person
Whether you are arrested for allegedly possessing a drug such as heroin or cocaine, a weapon including a gravity knife or firearm, or some marijuana, the contraband the police claim you possessed may not have been on your person. That is, you are being charged with PL 220.03 (drug possession),…
NYC Marijuana Desk Appearance Ticket Arrests: Should You Hire a Criminal Lawyer
One of the fairly common calls we receive as New York criminal lawyers and New York criminal defense attorneys revolves around misdemeanor marijuana (“marihuana” in the New York Penal Law) arrests. The questions run the gamut. I received a New York City Desk Appearance TIcket for PL 221.10, have I…
Assumption Based Guilt: An Officer’s Assumption May be Enough to Establish the Presence of Drugs in a PL 220.03 Arrest
The concerns of a person arrested for Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, are many. If you are doctor, accountant, teacher, lawyer or financial services professional, what will happen to your license or certification? Beyond the initial scare and concerns, what are your…