Drug Crimes Defense Attorneys In Red Hook

The mere accusation of a drug charge can wreak serious havoc on your future. It is important to remember that you have the right to defend yourself. When you find yourself in this situation, our team at the Law Offices of Michael Pollok, PLLC, is here to help. Our attorneys have worked with clients throughout New York who need proper legal representation. From beginning to end, they will be here to help.

Understanding The Law Can Be Confusing

New York law divides drug charges into two main categories – controlled substances and marijuana. Courts determine penalties based on a variety of factors, which can be difficult to understand.

For example, possession of a controlled substance can be considered a felony. This can be punishable by up to 20 years in prison and a fine of up to $100,000. Selling marijuana, of any amount, can be considered a felony or a misdemeanor. Understandably, it’s hard to know the regulations that are in place. This is where the right attorney can help.

While you may not realize it, there are a number of possible defenses. This includes temporary and lawful possession or having a legitimate prescription. It’s also possible to challenge the process during which the evidence was gathered. Our lawyers will examine all areas of your case and discuss your potential options. Their goal will be helping you move forward.

Frequently Asked Questions About Drug Charges

All drug charges are not the same and are not to be treated as such by you, the police or, certainly, our team. The problem, for you, is that you have no idea what it is you don’t know about your charge. But our lawyers can answer your questions. Below are answers to a few questions our clients often ask our team first.

What is the difference between simple drug possession and possession with intent to sell?

The difference between a simple possession charge and an intent to distribute charge is complicated by several factors. Under normal circumstances, a small amount of drugs would be simple possession, but if the person holding it is also in possession of paraphernalia, then that can change things. Paraphernalia includes baggies, scales and any other such evidence that indicates an intent to sell.

However, the possession of a larger amount of drugs typically becomes a possession with intent to sell charge even if there is no secondary evidence of intent.

Can drug charges be dismissed if the police conducted an illegal search of my car or home?

A drug charge is only going to be dismissed by New York police or prosecutors if they do not have the evidence to convict. However, any evidence they find as part of an illegal search, along with any additional evidence they find based on the original evidence, is inadmissible. It is a legal concept called “the fruit of the poisonous tree.” If they would not have found more evidence without the initial illegal search, none of it can be used.

Will I have to go to prison for a first-time drug arrest, or are treatment programs available?

First-time offenders in New York can have their charges redirected into a probation-eligible diversion program. Drug courts have a lot of leeway to refer appropriate offenders to these programs so their charges can be handled more sensitively. Often a condition of this probation is a treatment option. However, the exact details of the program you enter will become clearer as the details of your specific case develop.

For More Information, Call Today

With these cases, it is important to talk to an attorney sooner rather than later. We have offices in Kingston and Red Hook, and our lawyers are ready to talk about the specifics of your situation. Call 845-406-9349 or fill out our contact form to schedule a consultation today.