Aggressive Defense For Drug Possession, Distribution Or Trafficking In New York

Anyone can find themselves in trouble with the law. However, drug crimes and narcotics charges can easily derail your future. A conviction can result in extensive fines and even jail time. My name is Rob Singer. I am a former federal prosecutor, but now I work as a drug crimes defense lawyer. I founded my firm, Singer Legal PLLC in Williamsville to serve clients in Erie County. I believe that anyone accused of a crime deserves an aggressive advocate to protect their rights and fight for their freedom.

Criminal Possession Of Narcotics

When the police charge you with criminal possession of a controlled substance, it means they believe you knowingly and unlawfully had a narcotic drug in your control. There are two different types of possession.

• Actual possession: Actual possession means that the drugs were found in your immediate control. For example, if the substance was found in your hand or pocket, this is actual possession.
• Constructive possession: However, possession can also mean constructive possession. This means that the drugs were found in a location you controlled, like your car, apartment or a storage unit.

The severity of the charge depends on the drug and the weight of the substance. New York law breaks these crimes down into various degrees. The most minor is a seventh-degree misdemeanor and goes up to the highest felony charge. My experience as a former prosecutor gives me a powerful advantage. I have an immediate inside view into how the state plans to build its case against you. I will thoroughly investigate how the police established control and how they weighed the evidence.

Understanding The Difference Between Distribution And Trafficking

In the legal world, the words “distribution” and “trafficking” are often used interchangeably. Both terms describe serious crimes that involve moving drugs illegally. Generally speaking, they both refer to selling, delivering or manufacturing controlled substances. The law considers both of these activities much more serious than simple possession because they involve an intent to get drugs into the hands of other people for profit or personal gain.

In New York state courts, distribution charges are typically charged as the Criminal Sale of a Controlled Substance. Federal charges, which I also handle, frequently use the term “trafficking.” Whether it’s called distribution or trafficking, the primary factor determining the harshness of the punishment is the amount of the drug involved and whether the activity crossed state or international borders. These are highly complex cases that carry severe prison sentences and fines. As a drug crime defense attorney, I understand these high stakes and will fight to protect your future.

Comprehensive Representation For Drug Crimes

As your defense attorney, I will listen to your story, help you understand the charges against you, evaluate the evidence against you and develop a strategy designed to protect your rights. Whether you have been charged with a misdemeanor drug crime or are facing felony charges, I will be a compassionate and aggressive advocate for you. I represent clients in either state or federal court.

In my case preparation, I look for ways to challenge the initial stop, the subsequent search or the evidence itself. My primary goal is always to pursue a complete dismissal or, failing that, fight for alternative sentencing options like effective treatment programs instead of jail time. I believe that focusing on rehabilitation often provides a better path forward for you and the entire community.

Answering Your Frequently Asked Questions About Drug Crimes

If you have been charged with possession, distribution or trafficking, you probably have a lot of questions. With over 20 years of experience, I am often asked the same questions. Here, I provide answers to some of the most common questions in drug crime cases. For answers to questions about your specific case, I am available by appointment for an initial consultation.

How long will I go to jail if I am convicted of drug possession in New York?

The potential sentence varies dramatically based on the type and the amount of the drug the police found. In New York, simple possession can range from a misdemeanor to a serious felony. For example, if you are charged with possessing a small amount of marijuana, you might face only a ticket and a fine. However, possessing certain large quantities of narcotics can lead to an A-1 felony charge, which carries a potential sentence of up to 20 years in state prison.

Who investigates federal drug crimes?

Federal drug crimes are investigated by powerful government agencies that operate across state lines and have enormous resources at their disposal. The three main agencies you might encounter are:

• The Drug Enforcement Administration (DEA), which focuses specifically on drug enforcement
• The Federal Bureau of Investigation (FBI), which often gets involved if the crime is part of a larger organized criminal enterprise
• The Homeland Security Investigations (HSI), particularly if the drugs were brought across the U.S. borders

Unlike state investigations, federal cases usually involve complex tactics like court-ordered wiretaps, large-scale surveillance operations and the use of confidential informants. If a federal agency is investigating you, you need experienced legal help immediately. The stakes are much higher in the federal system. As a former federal prosecutor, I now regularly defend clients in federal court and have extensive experience defending serious federal charges. I know precisely how these agencies operate and what evidence they must legally secure. As your criminal defense lawyer, I can step in quickly to protect your constitutional rights against these formidable government entities.

Are federal distribution charges more serious than state charges?

Yes, in almost every measurable way, federal drug distribution charges carry significantly more serious consequences than comparable state charges in New York. First, federal sentencing guidelines are often much stricter, leading to longer mandatory minimum sentences, especially for large quantities. This means a judge has less flexibility to reduce your sentence. Second, the federal system does not offer parole. This means if a federal judge sentences you to 10 years in prison, you must serve almost all of that time.

In addition, the U.S. attorney’s office often pursues maximum penalties aggressively. However, the federal rules of criminal procedure also offer defenses and specific motions that a seasoned attorney can use. I use my years of experience, including my time as a prosecutor, to build a defense that directly addresses the federal government’s rigorous process, seeking every opportunity to challenge the charges and argue for a better outcome for you.

Talk To A State And Federal Drug Defense Lawyer Today

If you have been charged with a drug possession, distribution or trafficking crime, it is important to consult an experienced drug crimes defense lawyer as soon as possible. I am available by appointment for initial consultations. To schedule, you can call my office at 716-222-3288. You can also send me a message through my website. I look forward to answering your questions and telling you more about how I can help you with your case.