Answers To Your Drug Charges Questions
When facing New York drug charges, do not forget that you still have rights. You deserve protection under the law.
Michael Spano has more than 25 years of experience in handling a wide variety of drug and drug-related charges. His years spent working as the Chief Assistant District Attorney in Onondaga County have given attorney Spano a deep understanding of the prosecution’s tactics and limitations. He brings this knowledge and experience to bear on every case he takes.
Understand your rights and options. Call for a consultation and get your questions answered. If you have a specific question about your own case, reach out to attorney Spano. Call 315-350-3975.
When are police allowed to search my person, vehicle or home?
The Fourth Amendment protects us from arbitrary or illegal search and seizure of our property or person. Typically, law enforcement will get a warrant to search a premises. It is generally understood that people have more privacy when in their homes than they do when driving (there is an automobile exception to the search warrant requirement). However, when you are stopped on the street or while you’re driving your car, the police would need either to arrest you or to have probable cause to search you or your car. The police can also search you or your car if they reasonably believe the search is necessary for their protection or if you have given them permission to search you or your vehicle. Whether the police had a valid reason to stop you is something that can be argued in court.
How do I know if I will be charged with a misdemeanor or a felony?
The charges can vary depending on the details of your case. For example, if you are caught in a school zone, your penalties can increase. However, typically, possession of small amounts of marijuana or methamphetamine production agents are misdemeanors. In New York, distribution and sale or intent to sell are usually charged as felonies.
Are drug charges elevated if I’m carrying a weapon?
Yes. If there is a firearm connected to your drug charges, this can increase the prison time you will face. The type of gun does not matter. Possession of ammunition, in some cases, can also increase your charges. A tough defense that questions the validity of the search or seizure can, in some cases, result in a reduction or dismissal of these charges.
Can I be charged for driving under the influence of drugs?
Yes. If you are found guilty of impaired driving, the penalties you face will be the same as those for drunk driving. Driving while under the influence of any narcotic, even those prescribed to you, can result in a driving while ability impaired (DWAI-Drugs) charge.
I have a friend’s prescription in my possession. Is that a crime?
Unfortunately, yes. Any unauthorized possession of a narcotic can lead to a criminal charge, even if it’s only a few pills. Anytime you are charged with any type of drug possession or distribution or intent to sell charge, it’s time to speak with a criminal defense lawyer.
Need More Answers? Get A Free Consultation.
Being charged with any type of drug crime is a scary experience. Call attorney Michael Spano, the principal and founder of Michael Spano Law. Get the tough, proven defense you need to protect your rights. Call 315-350-3975 today. Attorney Spano can also be reached via confidential firm email. He has been selected for inclusion in New York Super Lawyers since 2011 for criminal defense.