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Articles Posted in Drugs and Narcotics

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Criminal Possession of a Controlled Substance in the Fifth Degree (NY PL 220.06(5)): Must the Cocaine be 500 Pure Milligrams or 500 Aggregate Milligrams

A common felony offense charged by police and defended by New York criminal defense lawyers in the arena of controlled substance, narcotic and drug crimes, is Criminal Possession of a Controlled Substance in the 5th Degree pursuant to New York Penal Law section 220.06(5). A serious crime involving the possession…

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Fake & Fraudulent Drug Prescriptions in New York: The Crimes of Forgery and Criminal Possession of a Forged instrument

Maybe you stole a couple of sheets from a physician’s prescription pad and made out a completely fake prescription for drugs and medicine such as Vicodin, Oxycodone or OxyContin. Maybe you altered your doctor’s legitimate prescription by increasing the dosage or amount of Xanax, Adderall or Ritalin. Regardless of how…

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New York Penal Law 220.03 – Criminal Possession of a Controlled Substance in the Seventh Degree & Your Criminal Defense: Does Quantity of the Drug Matter?

Whether you are issued a Desk Appearance Ticket (DAT) or you have been arrested in Manhattan, Brooklyn or anywhere else in New York, if you possess a controlled substance you may be charged with New York Penal Law section 220.03. This offense, Criminal Possession of a Controlled Substance in the…

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NY Drug / Narcotic / Controlled Substance / Marijuana / Marihuana Possession Presumptions: New York Penal Law Sections 220.25(1) & 220.25(2)

Although the Rockefeller Drug Laws have certainly eased over the years, New York Criminal defense attorneys and their clients must have a working knowledge as to the law involving legal presumptions and Criminal Possession of a Controlled Substance. While often times the police allegedly observe a sale or the actual…

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Criminal Diversion of Prescription Medication (NY Penal Law 178.10, 178.15, 178.20 and 178.25): Is the Defendant’s Own Statement Sufficient to Establish the Nature of the Prescription Drug?

A crime that has been on the rise as of late is the offense of Criminal Diversion of Prescription Medication pursuant to Article 178 of the New York Penal Law. While street level dealers are often involved in this crime, Criminal Diversion of Prescription Medication can arguably be viewed as…

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Attempted Tampering with Physical Evidence (New York Penal Law 、110.00/215.40): Does the Complaint Need To Establish the Existence of the Contraband?

According to New York Penal Law 、215.40(2), a person is guilty of Tampering with Physical Evidence when “[b]elieving that certain evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by an…

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NY Penal Law 220.03, 221.10 and 221.40: Is a Laboratory Analysis or a Field Test Needed to Convert a Drug Complaint at Arraignment?

After the Court of Appeal’s recent decision in People v. Kalin, New York criminal defense attorneys and lawyers have been dealt a more difficult hand when defending their clients in matters involving drug crimes such as Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Possession…

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NY Criminal Defense: The Differing Consequence of Selling Marijuna (NY Penal Law 221.40) and Other Controlled Substances (NY Penal Law 220.39 and 220.44)

NY Criminal defense attorneys are confronted regularly with the reality that possessing or selling “drugs” can mean vastly different things depending on the substance. The disparity between possessing and selling marijuana and controlled substances such as cocaine, crack and heroin is enormous even though the NYS legislature recently eased the…

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NY Drug Possession and Your Criminal Defense: Legal Possession of Drugs without Physical Possession

In New York State and New York City, you can be arrested, indicted and convicted for Criminal Possession of a Controlled Substance (drugs such as cocaine and heroin), Criminal Possession of a Weapon (firearms, guns, pistols and certain knives) as well as other charges even if you physically do not…

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Attempted Criminal Diversion of a Prescription Medication: No Need to Prove Drug is a Prescription Drug?

NY criminal defense attorney’s know that prosecutors and judges take drug crimes very seriously even if the legislature recently relaxed the Rockefeller drug laws relating to narcotics. New York Criminal defense lawyers often have a daunting task before them when battling to defend their clients. In fact, a recent judicial…

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