nyc Crack Cocaine Possession & Trafficking Lawyers
Crack Cocaine Possession and Trafficking Defense
Crack cocaine possession and trafficking charges carry significant penalties that can impact your future. If you have been charged with crack cocaine possession or trafficking, you should contact the New York crack cocaine possession & trafficking lawyers from Spodek Law Group, PC for legal advice and representation.
Understanding the Legal Landscape
Crack cocaine possession and trafficking cases are subject to a variety of complex laws and procedures. Many cases may have certain defenses that are not always obvious. If you have been charged with possession or trafficking, you should contact a criminal defense attorney as soon as possible to better ensure that your rights are protected. If you are under investigation for these types of crimes, you should also contact an attorney to assist you during the investigation.
Challenging Prosecution
Because crack cocaine possession and trafficking cases involve illegal controlled substances, the prosecution must be able to prove that the drugs are what they claim. This often requires the prosecution to utilize lab experts and other testing procedures. In order for the lab or test results to be admissible into evidence in your case, certain procedures must have been followed. Sometimes, law enforcement fails to follow the correct procedures. This can draw doubt into the validity of the lab results and give rise to a defense in your case. An experienced crack cocaine possession & trafficking lawyer will be well familiar with all of these procedures.
Constitutional Rights and Defense Strategies
Other defenses may also be available if the police violated your constitutional rights. If the police obtained the drugs or other evidence without probable cause or a warrant, then that evidence may be excluded from evidence. Also, if you made incriminating statements, but were not properly advised of your Miranda rights, those statements could also be removed from consideration in your case. There may be numerous defenses available in your case, which may not be readily apparent. Because of this, you should hire a criminal defense attorney to review the police report and other evidence used to charge you with the crime. An attorney will be able to identify whether any possible defenses are present.
Legal Representation and Court Proceedings
After you are formally charged, a crack cocaine possession & trafficking lawyer can represent you in court and help you understand what is happening. If you have formal court hearings where evidence is presented and witness are called, then a criminal defense attorney can appear in court and advocate on your behalf. An attorney will make sure the prosecution is held to their burdens of proof and plays by the rules. An attorney will raise objections when necessary and can cross-examine witnesses.
Crack cocaine possession & trafficking lawyers will be able to draw upon their experience to help you understand the possible outcomes of your case. If your case has limited defenses available, then an attorney can seek to negotiate a plea agreement on your behalf. Regardless of the path of your case, an attorney will protect your rights throughout the process and will help you make informed decisions.
Consequences and Defense Strategy
Crack cocaine possession & trafficking charges can result in significant consequences, including fines, jail, probation, treatment requirements, loss of rights, among other things. It is important that you understand what consequences are likely, so you can decide how to proceed. Far too many persons charged with these crimes merely plead guilty, without understanding all of the possible repercussions. A criminal defense attorney will explain what consequences may arise from your case and may pursue action to reduce the effect of a conviction.
Seeking Justice and Advocacy
Experienced crack cocaine possession & trafficking lawyers from Spodek Law Group, PC know what it takes to defeat possession and trafficking charges. They know what defenses to look for and can review your case for potential defenses. They strive to zealously advocate for their clients to seek the best outcome available under the circumstances. Their attorneys will answer any questions you have and can help you make informed decisions about your case. If you have a legitimate defense, they can take your case to trial and require the prosecution to prove the case beyond a reasonable doubt.
Powder Cocaine (Possession and Trafficking) Lawyers
Understanding Powder Cocaine Laws
When you think about cocaine, you probably think about a white powder that is often packaged in a small plastic bag. It is often sold by the gram in many locations, including New York. The drug is derived from the coca plant that is often grown in South America. However, there are other ways to get cocaine instead of going to South America to make a purchase. Some people will cut cocaine with other substances to make it look like there is a substantial amount. This means that the person buying the drug doesn’t really know what is in the bag as it could be a small amount of cocaine mixed with anything from aspirin that has been made into a powder to a powdered cleaning solution.
Legal Ramifications of Powdered Cocaine Possession and Trafficking
There are federal and state laws in place that make possession and trafficking of powdered cocaine a law no matter how much you have on your possession. You can also be charged if you have any of the equipment that is associated with cocaine use. Laws have classified cocaine as a product that is among the narcotics that has a potential for abuse and dependency. Coca leaves are also included in the laws that have been made, so if you are in possession of the leaves themselves, you can be charged. The type of charge will depend on the amount of cocaine that you have on you when you are found in possession. A small amount is usually classified as a misdemeanor. If you have a significant amount, usually over a gram, along with items that could be used for trafficking, then you will likely be charged with a felony.
Defining Possession and Constructive Control
A simple possession is when you have a small amount on your person and know that it’s there. You could have it in your pocket or in a purse or wallet. The fact that you know that you have the drug is enough for you to be charged as you know that it’s illegal to have it for use. However, if you get a box that you think is baking soda or another white powder without knowing that it’s really cocaine, then you usually won’t be charged.
Another way that you could be charged is by constructively having control over the cocaine. An example would be having the drug in a suitcase and being stopped while going through airport security. Another example would be when an officer finds a bag of cocaine under a bush while you’re parked beside the bush. Charges can be filed if an officer finds cocaine in a home that is owned or rented. If the drug is found in a hotel room, then every person in the room could be charged unless someone wants to come forward and admit that the drug is actually theirs. A club manager can be charged with possession if someone leaves a bag of cocaine in a bathroom or in any other area of the club. Without knowing who left the bag there, then the owner would be responsible. There are even ways for officers to charge people who receive packages in the mail that contain cocaine. This involves a little more investigating on the part of the officer and the post office, but it’s possible. Prosecutors must be able to prove that the person had control over the cocaine in order for a charge to stick. This is when an attorney can help you with the charges that you have received.