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Skilled Drug Crime Lawyer in Queens
An arrest for any criminal offense can be an extremely stressful and isolating experience. It is easy to feel like the New York criminal justice system is working against you, despite the law of the land stating that anyone accused of a crime is innocent until proven guilty. Drug offenses are some of the most commonly prosecuted crimes in Queens, and New York has some of the toughest drug laws in the United States. If you or a loved one have been arrested on any drug charge, you could be facing substantial fines, incarceration, and a loss of your rights.
It is crucial to have legal counsel you can trust in this challenging situation. The team at the Law Offices of Robert Tsigler, PLLC can provide you with meticulous and aggressive criminal defense lawyer representation when you are facing drug crime charges in Queens. It is common for these offenses to run in tandem with related criminal charges, and the potential penalties you face can escalate dramatically when Queens prosecutors file multiple charges against you in a single case. Even a basic drug possession conviction can change your life in many negative ways, so it is vital to take full advantage of your Constitutional rights, especially when it comes to securing legal counsel.
The Law Offices of Robert Tsigler, PLLC provide client-focused criminal defense representation. We know that no two criminal cases are exactly alike, even when they both pertain to the exact same criminal statutes. Every defendant has a unique story and situation, and our team will take the time to get to know you, learn as much as we can about your situation, and develop a comprehensive and individualized defense plan on your behalf.
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Why You Need a Queens Drug Crimes Attorney
You may have made a mistake and broken the law, or you may have been wrongfully charged with a Queens drug possession you did not actually commit. Whatever your case entails, it is imperative to remember the Constitutional rights you have when facing criminal charges of any kind in Queens. First, you have the right to remain silent under the Fifth Amendment of the US Constitution, which protects anyone accused of a crime from self-incrimination.
Before police question you while you are in custody, they must read you your Miranda rights, including the right to remain silent and the warning that anything you say can be used against you in court.
It is crucial to take full advantage of this right. Many suspects who are wrongfully accused or the victims of unfortunate circumstances feel compelled to plead their case to try to avoid arrest, but this often works against them. Once the police have informed you that you are under arrest, do your best to remain silent until you can speak with an attorney. Legal representation is your second Constitutional right you must exercise after an arrest for drug offenses in Queens, NY. The Sixth Amendment guarantees legal representation to anyone charged with a crime, even if they cannot afford an attorney.
Affordable Drug Trafficking Defense Attorneys in Queens
The Law Offices of Robert Tsigler, PLLC acknowledge that legal fees can seem prohibitively expensive to many Queens residents, and our goal is to provide accessible and affordable defense representation to every client we represent. We will carefully examine every detail of your case and help you determine the best available defense options in your situation.
What Are the Four Main Categories of Drug Crimes?
Drug crimes are some of the most commonly reported criminal offenses in Queens and throughout New York City. The state of New York enforces some of the harshest penalties for drug offenses, and it is common for many drug cases to involve several charges, escalating the potential sentence for the accused if convicted. Generally, there are four types of drug charges that can come into play in a Queens drug offense case:
- Possession. The most commonly reported drug crime in Queens is the illegal possession of controlled substances. It is illegal for anyone to possess certain controlled substances, particularly those scheduled by the Drug Enforcement Administration (DEA) of the United States and New York state law. Schedule I drugs are the most serious, acknowledged to possess little to no medical value, and a high potential for abuse. The Schedule continues through Schedule V, which includes some over-the-counter medications that can be misused and cause personal injury. A drug possession charge can fluctuate significantly in severity, based on the schedule of the drug in question and the quantity the defendant possessed at the time of arrest.
- Intent to sell. It is illegal to sell controlled substances in New York, and this charge typically runs in tandem with drug possession. For example, if you are arrested with a small baggie of cocaine, the police will likely infer this to be intended for your own personal use and charge you with simple possession. However, if you were arrested in possession of a large quantity of narcotics, cocaine, baggies, a scale for measuring, and a large amount of drugs, the police could easily make a case to charge you with possession with intent to sell. This will lead to more severe punishment for drug distribution based on the type and quantity of the drug in your possession.
Operating as a major trafficker. New York has no general “drug trafficking” charge. Large-scale cases are usually charged as criminal sale of a controlled substance or, for the largest operations, as operating as a major trafficker under Penal Law §220.77, a Class A-I felony. It applies to someone who directs a drug organization with $75,000 or more in sales within 12 months, or who sells, or possesses with intent to sell, $75,000 or more in narcotics within six months. It carries a minimum of 15 to 25 years and a maximum of life in prison.
- Drug manufacturing. Some illegal drugs such as methamphetamine and crack cocaine require very specific manufacturing processes that are illegal to conduct in New York or anywhere else in the United States. Illegally growing marijuana, psilocybin mushrooms, and other plants with psychoactive properties can also qualify as drug manufacturing. Queens prosecutors typically seek felony conviction in most drug production and manufacturing cases.
It is very easy for any drug offense to completely change your life if you are convicted. Your Queens criminal attorney must be able to carefully analyze the prosecution’s evidence and determine your best available defense to help you avoid the penalties possible for drug offense conviction under New York state law.
Potential Penalties for Drug Offense Conviction in Queens, NY
It is possible for drug offenses to qualify as either misdemeanors or felonies. It is possible for drug offenses to qualify as either misdemeanors or penalties. The drug involved in the case, the quantity the police discovered during arrest, and various other details of the case will all influence the defendant’s sentencing if convicted:
- Class A misdemeanor: up to 364 days in jail and a fine of up to $1,000. Examples: criminal possession of a controlled substance in the seventh degree, and criminally using drug paraphernalia in the second degree.
- Class E drug felony: for a first offense, if prison is imposed, 1 to 1.5 years, plus a fine of up to $5,000 or double the defendant’s gain. Examples: use of a child to commit a controlled substance offense, and unlawful disposal of methamphetamine laboratory material.
- Class D drug felony: for a first offense, if prison is imposed, 1 to 2.5 years, plus a fine of up to $5,000 or double the defendant’s gain. Examples: criminal possession or sale of a controlled substance in the fifth degree.
- Class C drug felony: for a first offense, if prison is imposed, 1 to 5.5 years, plus a fine of up to $15,000. Examples: criminal possession or sale of a controlled substance in the fourth degree, and criminal sale of a prescription for a controlled substance.
- Class B drug felony: for a first offense, if prison is imposed, 1 to 9 years (2 to 9 years for a sale near a school), plus a fine of up to $30,000. Examples: criminal possession or sale of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds.
- Class A-II drug felony: for a first offense, 3 to 10 years in prison, plus a fine of up to $50,000. Examples: criminal possession or sale of a controlled substance in the second degree.
- Class A-I drug felony: for a first offense, 8 to 20 years in prison, plus a fine of up to $100,000. Examples: criminal possession or sale of a controlled substance in the first degree. Operating as a major trafficker is also Class A-I but carries a life maximum.
For Class B through E drug felonies, a judge can also impose probation instead of prison. Defendants with a prior felony conviction face higher ranges; for example, a second felony drug offender convicted of a Class A-I drug felony faces 12 to 24 years.
Since the Marihuana Regulation and Taxation Act took effect on March 31, 2021, adults 21 and older can legally possess up to three ounces of cannabis and 24 grams of concentrated cannabis in New York, and the old “criminal possession or sale of marijuana” offenses were repealed. Larger amounts or unlicensed sales can still be charged under Penal Law Article 222.
When it comes to determining the degree of a drug offense in New York, state prosecutors refer to the type and quantity of the substance. For example, a large quantity of a Schedule I controlled substance will lead to a more severe charge than a smaller quantity of a Schedule III controlled substance. If you have been arrested in Queens for any drug offense, you could face more severe penalties than you initially expected. It is important to consult an experienced Queens drug crimes lawyer, as soon as possible, to start working on your defense. Queens drug cases are arraigned at Queens Criminal Court, 125-01 Queens Boulevard in Kew Gardens, and indicted felonies move to Queens County Supreme Court, Criminal Term.
Possible Defenses in a Drug Crime Case
The due process laws of the United States exist to ensure fairness in every criminal trial. These laws include a presumption of innocence, meaning a defendant is innocent until proven guilty in a court of law by a jury of their peers, and that the burden of proof rests with the prosecution. A defendant in a criminal case does not necessarily need to prove they are innocent to avoid conviction; the prosecution must prove they are guilty beyond a reasonable doubt. If the prosecution fails to make their case, the defendant can avoid conviction. However, this does not mean to imply that a defendant should simply sit idle and hope the prosecution fails to establish guilt beyond a reasonable doubt. There are several ways a defendant and their attorney can be proactive in defending against drug charges in Queens. Some of the possible defenses you might invoke in a drug case in New York include:
- Mistaken identity. It is possible you were arrested because you matched the physical profile of a suspect of a drug crime investigation. Unfortunately, some people are arrested simply due to being in the wrong place at the wrong time. Your Queens drug crimes attorney will help you determine if there is any exculpatory evidence that can prove the police arrested the wrong person.
- Lack of possession. Consider the example of an arrest for drug possession at a traffic stop. If you recently transported someone else in your vehicle and they dropped drugs inside of your vehicle, the police could notice this when they conduct a traffic stop for speeding or another moving violation. In this situation, you would need to prove that the drugs did not actually belong to you. Your defense attorney can help you determine the best way to prove lack of possession if you are wrongfully accused of possessing someone else’s illegal drugs.
- Lack of intent. This defense is most likely to come into play in a case involving possession with intent to sell. For example, if you are arrested with a substantial quantity of drugs and cash, the police may infer that you intended to sell or distribute the drugs. Your defense attorney can help you disprove this claim.
- Failed chain of custody of seized drugs. Prosecutors must carefully manage physical evidence in any drug case, namely the drugs in question. Seized evidence often changes custody several times between the arrest and prosecution phases of a case. If the prosecution loses track of seized drugs, the case may be dropped on procedural grounds.
- Police misconduct. Unfortunately, some police officers engage in illegal and unethical tactics to secure convictions and increase their arrest rates. If you believe the police planted drugs in your vehicle or on your person during an arrest, you must inform your attorney of this so they can determine the best way to prove what exactly happened during your arrest. It is also possible to claim entrapment as a defense pertaining to police misconduct, if an undercover police officer coerced you into committing a drug offense you would normally not have committed.
- Unlawful search and seizure. If the police conducted a traffic stop of your vehicle and could see drugs “in plain view” inside of your vehicle, this is enough for them to establish probable cause for a drug possession arrest. However, if the police did not have probable cause to conduct a search of your vehicle, this is a violation of your Fourth Amendment protection against illegal search and seizure.
- Substance abuse. If you struggle with an addiction, your defense attorney could help you assert your substance abuse disorder as an argument against incarceration. However, this is likely only viable for cases involving minor drug offenses such as simple possession. While you may not avoid conviction entirely with this avenue of defense, you could potentially enter a rehab program in lieu of jail time.
Frequently Asked Questions About Drug Crimes in Queens
What happens if I’m arrested for drugs at JFK Airport?
Drug arrests at JFK involving international travel are often handled by U.S. Customs and Border Protection and Homeland Security Investigations, and they’re usually prosecuted in federal court in the Eastern District of New York. Federal importation charges can carry mandatory minimum sentences. Get a lawyer with federal court experience before any interview with agents.
Is it a crime to have prescription pills without a prescription?
Yes. Having a controlled prescription drug like oxycodone, Xanax or Adderall without a valid prescription can be charged as seventh-degree criminal possession of a controlled substance, a class A misdemeanor, and larger amounts or signs of intent to sell can make it a felony. If the prescription is in your name, get a copy to your lawyer right away.
Does Queens have a drug treatment court?
Yes. Queens has treatment court programs where eligible defendants complete supervised treatment instead of serving jail time, and finishing the program can lead to a dismissed or reduced charge. Your lawyer can ask for an evaluation at your first court appearance.
Can I be charged if drugs were found in a shared car or apartment?
Yes. New York law presumes that everyone in a car where drugs are found possesses them, with exceptions such as a licensed driver for hire or when the drugs are concealed on one person. In an apartment or other room, the presumption applies only when drugs are in open view in circumstances suggesting they were being prepared for sale. Those presumptions can be challenged, and showing the drugs weren’t in open view often defeats them.
Can I get bail on a drug charge in Queens?
Most drug charges in New York aren’t bail-eligible, so judges generally must release you, sometimes with conditions. Bail can still be set on Class A-I drug felonies, such as first-degree possession or sale of a controlled substance and operating as a major trafficker. Your lawyer can argue for release at arraignment in Queens County Criminal Court.
Federal Drug Charges
It is possible to face drug charges at the state or federal level, depending on which law enforcement agency conducted your arrest. In the event you were arrested by the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), your case will unfold in federal court, and the penalties you face could be much more serious. Federal crimes carry different penalties than crimes prosecuted at the state level, and you need a federal criminal defense attorney who has significant experience navigating federal criminal drug statutes to handle your case.
What to Expect From Your Queens Drug Crime Attorney
It is natural to feel scared and uncertain after being arrested for drug crimes in Queens, especially if you were wrongfully arrested and face fines, incarceration, and a loss of your rights for something you didn’t actually do. The Queens criminal defense attorneys at the Law Offices of Robert Tsigler, PLLC can provide the defense counsel you need in this challenging situation. When you choose our firm to represent you in any drug offense case in Queens, we will carefully review the details of your situation to provide you with the best possible defense options. We will guide you through all the preliminary stages of your case such as your arraignment and bail hearing, hopefully helping you get out of jail until your case formally begins.
We believe in aggressive and responsive defense representation. You can rely on us to file any necessary pretrial motions on your behalf and prepare you for all required court appearances. We will thoroughly examine the prosecution’s evidence to evaluate admissibility and review the police report of your arrest, ensuring the arresting officers respected your Civil and Constitutional rights while upholding the laws of due process and the appropriate criminal statutes of New York.
The sooner you secure defense representation after an arrest in Queens for drug charges, the better your chances will be of avoiding conviction. If you did knowingly break the law and have committed a drug offense, plea bargaining with the prosecution could be your best option and may potentially lead to a significantly reduced sentence and/or lowered charges. You can rely on the Law Offices of Robert Tsigler, PLLC to help you make informed and practical decisions through every phase of your criminal case. If you are ready to discuss your defense with an experienced Queens drug crimes lawyer, contact us today and schedule a consultation with our team.
Robert Tsigler, Esq. has handled thousands of cases as a Queens criminal defense lawyer and knows how to create the best opportunity to secure the results your case deserves. If you have any questions about a pending drug charge, call the Law Offices of Robert Tsigler, PLLC at 718-878-3781.
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