An experienced New York drug lawyer can investigate a number of areas to mount a strong defense in a drug possession case. Here are three defenses that could apply to your case, and there could well be others.
Illegal Search and Seizure
If the “drugs” were found during an illegal search, a New York drug lawyer can get them suppressed. As a rule, police need a warrant to search your home or probable cause to believe a crime has been committed to stop and search your vehicle. Often they don’t have either. Even if they have a warrant, it may be based on information from an unreliable informant who fingered you to get a better deal for his own charges.
No Proof “Drugs” Were Yours
The prosecutor must prove that you exercised control or dominion over the “drugs.” While this is simple in the case of contraband found on your person, it is substantially more difficult when more than one person is in the home or vehicle where “drugs” were located. A prosecutor will attempt to use circumstantial evidence to prove possession, such as your ID located with or near the contraband, or contraband located in an area to which only you had access. Beware. An admission of ownership will nullify this defense. In a case with no admission of ownership, a seasoned New York drug lawyer can flush out any inconsistencies in the circumstantial evidence of possession.
No Proof “Drugs” Were a Controlled Substance
Generally two types of tests are used to determine the presence of a controlled substance: the field test (usually done on scene), and a laboratory test. Unlike a laboratory test, a field test does not confirm a specific chemical compound; rather it determines whether the “drug” could be a controlled substance. When the prosecutor attempts to rely on only the field test, an experienced New York drug lawyer can argue that there is no proof of an actual controlled substance. Further, some “designer drugs” are not controlled substances, but rather substances with a similar effect on the user, sold with the same street name as an illegal drug, but with a different chemical make-up.
Seek Assistance From A New York Drug Lawyer
If you have been arrested for possession of a controlled substance, you want an experienced and aggressive criminal lawyer in New York on your side. Frederick L. Sosinsky, Esq., has over 25 years experience defending those accused of crimes. For a consultation, contact attorney Frederick Sosinsky at (212) 285-2270.