The cornerstone to any arrest in New York for the possession of a controlled substance – cocaine, heroin, molly, ecstasy – is arguably first and foremost that you actually possessed the drug, narcotic or controlled substance in question. If that is not the first hurdle that prosecutors in Manhattan, Brooklyn,…
New York, like all other states, has its own means to determine whether individuals can be arrested and charged as co-defendants for a particular crime. Obviously, merely being present when a crime is committed by another person is not legally sufficient enough to establish guilt beyond a reasonable doubt (although,…
What is a “molly” or “Molly”? Yes, it is a drug and some form of narcotic or controlled substance, but how does that translate into New York criminal law? Must you sell a molly or is mere possession of a molly enough to be arrested and convicted of a crime?…
The ease by which the police can arrest and Assistant District Attorneys can prosecute denizens of New York City (or any municipality in New York State) for drug crimes can be greatly concerning. Merely because one is a New York drug lawyer or a New York criminal defense attorney should…
The vast majority of those involved in New York’s criminal justice system, from the officers serving the NYPD and Assistant District Attorneys to judges and criminal defense lawyers, would likely not place marijuana (“marihuana” in the New York Penal Code) in the same realm of contraband such as heroin, cocaine…
Although wrongfully classified by many people as a narcotic drug crime, arrests in New York City and throughout the State of New York for possession of a marijuana (or marihuana as it is referred to in the New York Penal Law) are a distinct and separate category of crime. Criminal…
New York drug crimes and the former “Rockefeller Drug Laws” were, and currently are, some of the strongest criminal laws on the books. In fact, New York drug attorneys and New York criminal lawyers often face down sentences where clients may be looking at mandatory imprisonment. For example, if you…
In substance, New York Penal Law 178.10, Criminal Diversion of Prescription Medications and Prescriptions in the Fourth Degree, prohibits one from knowingly transferring a prescription medication in exchange for anything of value if the individual should have reasonably known that the recipient had no medical need for the medication. This…
There are few things more frightful and concerning than being arrested in a nation where you do not reside. Compounding matters, because the United States has a unique criminal justice system, you may not have any idea about the arrest process and what you may face whether you were charged…
Drug arrests for Criminal Possession of a Controlled Substance in the Seventh Degree, New York Penal Law 220.03, may come in the form of a Desk Appearance Ticket (DAT) or a full 24 hour processing through the system. No matter how you were arrested, however, there are certain mandatory requirements…