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Articles Posted in Drugs and Narcotics

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Arrested for Drug Possession at NYC’s Madison Square Garden Before the Phish Concert: That’s a Shocker

During the day you are a lawyer, work in finance, a licensed real estate broker, or a school teacher. Maybe you’re a stay-at-home mom or you’re just figuring out what the heck you want to do with your life with your BA in History from Generic State University. Reliving your…

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Must a Criminal Court Complaint for NY PL 220.03 Contain a Drug Test or Proof of the Officer’s Training and Experience

There are multiple standards throughout the different levels, stages and proceedings in a criminal case. For example, probable cause for an arrest in New York is far less than the proof beyond a reasonable doubt needed by the prosecution to secure a conviction at trial. Since the relatively recent (in…

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Tampering with Physical Evidence: Is Throwing Drugs or Contraband to the Ground Prior to or During an Arrest a Crime in New York

Although not exclusive to drug and marijuana crimes, otherwise fairly simple offenses such as Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, and Fifth Degree Criminal Possession of Marihuana, New York Penal Law 221.10, are often complicated when the police not only arrest a person…

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7th Degree Criminal Possession of a Controlled Substance Dismissed on Merits: DA Can’t Prove Client Possessed Cocaine

There are few worse things than being accused of a crime you did not commit. It really does not matter if you arrested for Aggravated Harassment, Assault, Criminal Possession of Stolen Property or any other offense. Arguably it is worse to spend a night in Central Booking than it is…

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F1 Student Visa Holder Arrested for PL 221.10: Visa Revoked But Lawyers Get Dismissal and Sealing Allowing Client to Restore Visa

I don’t think anyone would disagree. There are consequences for breaking the law. Just don’t do it. That said, all of us make mistakes. Good people commit crimes. No, not the most vicious and amoral offenses, but some of the lesser crimes that can still be life altering to the…

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Chancellor’s Regulation C-105: Teachers and Other DOE Employee Arrests in New York City

Whether you are a high school teacher, elementary school nurse, administrative staff or a paraprofessional, if you are employed by the New York City Department of Education (DOE) an arrest and prosecution raises numerous flags in both the criminal court and with the City of New York. Simply, any arrest…

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Sufficiency of an Officer’s Statement to Support a Complaint in New York Criminal Court: Conclusions not Enough to Corroborate Drugs

Years ago, when a detective or police officer signed off on a criminal court or misdemeanor complaint alleging misdemeanor drug or marijuana possession, PL 220.03 and PL 221.10 respectively, the law mandated that an Assistant District Attorney also secure a laboratory analysis or field test of the substance to proceed…

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PL 220.16 and PL 220.06 v. PL 220.03: Difference Between Felony Intent to Sell Either Controlled Substances or Prescription Drugs and Misdemeanor Possession

The difference between possessing certain drugs in New York for personal use and possessing those same drugs with the intent to sell them is drastic. In fact, drastic would be an understatement. Ask any criminal lawyer in New York who handles narcotics or drug crimes and he or she will…

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New York Drug Crimes and Personal Possession: Can You be Prosecuted for Possessing Residue without a Chemical Analysis

Heroin. Cocaine. Ecstasy. Adderall. Molly. MDMA. New York’s list is long and vast. If you possess certain drugs, narcotics and controlled substances (including certain prescription drugs that you are not prescribed by a doctor), you can face a wide variety of crimes found in New York Penal Law Article 220.…

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NY Drug Arrests, Brokers-Dealers and Investment Advisers: FINRA, Form U4 and New York Penal Law Article 220 Arrests

While nobody is asserting that financial services professionals, investment advisers, registered representatives or others regulated by the Financial Industry Regulatory Authority (FINRA) are more prone to using, selling or possessing drugs, the reality is that an arrest in New York City or elsewhere for possession of cocaine, heroin, molly, MDMA,…

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