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New York state has notoriously tough drug possession laws, as well has being extremely complex and confusing for those not familar with the law. When you are charged with something like cocaine possession in the state of New York, you face seriously tough penalties and potentially long lasting repercussions. Having someone on your side as you go through this difficult period can help considerably.
Maybe you admit that you were wrong, that you did have cocaine on you. But, you’re looking for a lenient sentence, a second chance - people make mistakes.
You may be completely innocent of the charges. It is not uncommon for police to arrest you for possession even though the cocaine could have belonged to someone else.
And no matter what happen, you have certain clear civil and Constiutional rights that cannot be violated by the police or prosecutors. If a mistake was make in your arrest, we will fight for a rightful dismissal of all charges.
Regardless of the circumstances, a criminal defense attorney is there to represent their client’s best interests and work tirelessly towards a positive result.
If you are found guilty of possessing cocaine, whether it is powder or crack cocaine, you are at risk or potential prison time. Just how much prison time you could face is dependent on several factors including how much cocaine you had on you and any criminal history.
Depending on the facts of the case, a cocaine possession conviction can result in up to Class A1 Felony charges, with decades in prison as a possible maximum sentence. Many cases, however, are charged as Criminal Possession of a Controlled Substance (CPCS) in the 5th degree, which is a D Non-Violent Felony, carrying far less severe prison terms.
But even if you are charged with CPCS in the 5th Degree, you could serve months or even years behind bars depending on the facts of your case.
Fortunately, very few drug possession cases end in conviction at trial and even fewer are sentenced to the maximum allowable under the law.
The vast majority of cocaine possession cases in New York are settled via a plea agreement. In a plea agreement, the prosecution offers you reduced charges or a more lenient sentence in exchange for a guilty plea.
Depending on your criminal history, this type of agreement could help you avoid any jail or prison time.
There are many drug courts in the state of New York. If there is one in the jurisdiction that you are charged, there’s a good chance you’ll be answering to those charges in a drug court. A drug court is an intensive rehabilitation program. It is similar to probation, but with strict terms. If you fail to abide by these terms, your case can be sent back to the criminal courts where you will again face a possible prison term.
Other diversions exist, depending on your charges and the jurisdiction. These diversions are in place to allow offenders to get help for any drug problems or to help them avoid incarceration in the interest of leading life within the community. Consulting with a local attorney will help you determine if any of these programs exist in your area and your eligibility for them.
If you are facing cocaine possession charges in New York, call now to speak with a New York criminal defense attorney who can help. No obligation for the consultation.
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