Drug Possession is legally complicated. Explain? Call the best drug possession lawyer in New York.
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In New York, drug possession can does not solely mean that a controlled substance was found in your pocket. Under the NY Criminal Procedure Law “drug possession” simply means exercising dominion and control. In short, this means that had knowledge or other proof that a drug was present.
TWO DIVISIONS OF POSSESSION
New York Law divides possession into actual possession and constructive possession. Actual possession is when a person has physical control over a substance. Constructive possession is when the person does not have physical control of the substance but has knowledge that it is nearby and they have the potential to take control of it. For example, if Amy’s friend is driving her to the store, and there are drugs in the glove compartment which Amy knew were there, she could be charged with constructive possession.
THE BURDEN OF PROOF RESTS ON THE PROSECUTION
For a person to be convicted of possession, the prosecutor has to provide evidence showing that the individual committed the offense. We have handled hundreds of cases where possession is the key element. To prove possession the prosecution must prove multiple elements:
The prosecutor must prove 3 things:
- That the material found on the defendant is a controlled substance
- That the defendant knew or should have known that the substance is illegal
- That the defendant was in physical control of the substance
POTENTIAL PENALTIES FOR A POSSESSION CONVICTION
New York views possession of a controlled substance as a serious offense. The potential penalties for a conviction are quite severe and vary depending on the type and amount of the substance. Additionally, the consequences increase for each subsequent offense.
FOR A FREE CONSULTATION, CALL CHRIS BROWN LAW TODAY.
If you have been arrested for drug possession, it is imperative to seek legal help immediately. Chris Brown has both prosecuted and defended hundreds of drug possession case in New York State. Chris is the Drug Possession lawyer that you want on your side.
Criminal defense is no joking matter. Call the best criminal defense lawyer today at (607) 988-3131 to start building your case. Chris is former New York and Broome County drug possession lawyer that will help you fight your case.