drug charges

In 2021, lawmakers in the State of New York passed several new laws that took effect in 2022. The laws aim at helping consumers and workers in the state while improving public safety and caring for the environment. Among the most significant laws are the “ghost gun laws.”

If you’re facing charges for being in possession or distributing ghost guns, you need to know how the laws affect you. Contact a skilled Long Island criminal justice attorney to understand your risks and options. They can help you create a strong defense strategy against the charges.

What Are Ghost Guns?

Ghost guns refer to privately made or homemade guns. The firearms lack a serial number and are, therefore, not traceable. The guns can’t be registered with any law enforcement agency without a serial number.

It’s against the law to create, possess, or sell ghost guns in the United States. Gunsmiths and dealers must register firearms in their possession. Gun violence is a public health and safety issue, and the government is committed to dealing with it aggressively. Your chances of fighting ghost gun charges are better with an aggressive weapons crimes defense lawyer in Long Island on your side.

What Measures are in New York State to Curb the Prevalence of Ghost Guns?

New York State officials have taken steps to crack down on the proliferation of illegal guns. Lawmakers passed a new law that criminalizes the sale of anonymous ghost guns. Advocates of the legislation said that illegal firearms end up in the hands of buyers with criminal records or those that would not pass a compulsory background check at the federal level.

Enactment of Laws Prohibiting Ghost Guns and Parts Without Serial Numbers

In 2021, the Governor signed the Scott J. Beigel Unfinished Receiver Act and The Jose Webster Untraceable Firearms Act into law. The legislations provide that:

• It is unlawful to sell, exchange, give, or dispose of an unfinished or complete frame or receiver that doesn’t have a serial number while having that knowledge 
• It’s illegal to possess a firearm, frame, or receiver, complete or unfinished, with the knowledge that it’s not serialized. 
• People who are legally disqualified from possessing a shotgun or rifle according to federal or state law are also prohibited from possessing a significant component of a firearm, which includes a frame, receiver, slide or cylinder, or firearm’s barrel

The law also prohibits the manufacturing, sale, exchange, disposing of, giving, transporting, shipping, or possessing with the intent to sell an undetectable firearm. The provision applies to guns that:

• Can’t be detected by metal detectors after the removal of stocks, grips, and magazines 
• Comprise of a barrel, cylinder or slide, frame, or receiver and which cannot be imaged by security screening devices like those used at airports 

What is the Impact of the Ghost Gun Laws?

The legislation package bans possessing and selling ghost guns or firearms that comprise components without serial numbers. Consequently, dealers and gunsmiths must serialize any firearms, receivers, or frames in their possession without serial numbers.

New Yorkers Required to Surrender Ghost Guns and Parts or Register Them

The law also requires anyone possessing receivers, frames, or firearms without serial numbers to surrender them to law enforcement agencies. Alternatively, they can acquire serial numbers for the guns and have them registered. However, there’s a need for clear guidelines on the exact process of serialization and registration.

It’s also crucial to note that if anyone can’t pass a background check to get a gun, they shouldn’t be able to get a gun. This provision in the law serves to seal a dangerous loophole that has existed in the past. Consult a weapon crimes defense attorney in Long Island to help you understand how this statute applies to you and what you can do about it.

What Are the Penalties for Violating Ghost Gun Laws

If caught with a ghost gun without a license at home or a place of business, you could face charges for a class E felony. A conviction could result in a penalty of up to 4 years in prison. Other penalties are as follows:

• Class C or violent felony: Possessing a loaded unlicensed handgun outside your home or business attracts a minimum sentence of 3½ years in state prison. The maximum is 15 years. It’s also a Class C felony to possess five or more firearms 
• Class D felony: Possessing three or more firearms 

What Should I Do If Arrested for Being in Possession of a Ghost Gun?

Being arrested and charged with having a ghost gun can have serious and life-changing consequences. Once arrested, remaining calm and complying with instructions from the police is crucial. Most importantly, remember to exercise the right to remain silent, as anything you say could be used against you.

As soon as you can after the arrest, contact a Long Island criminal justice lawyer. The attorney will evaluate your case and help you understand the risks you face. They can provide legal representation to aggressively fight the charges and advise you on how to approach the issue.

Learn Your Legal Options Today with a Skilled Defense Team

With the new ghost gun laws in place, the last thing you want to do is be found on the wrong side of the law. An arrest for violating the legislation can attract hefty penalties, take away your freedom, and ruin your future. Your best chance at fighting the charges to have them reduced or dropped is to work with a skilled and aggressive Long Island weapon crimes defense attorney.

Our law firm hosts skilled and passionate lawyers who work hard to dismantle the prosecutor’s case. We can evaluate the charges against you and create a strong defense strategy by punching holes in the evidence brought against you. With us by your side, an arrest doesn’t have to lead to a conviction. Call us for skilled legal defense in Long Island.

For years, New York has tried to legalize marijuana in vain. However, on March 31, 2021, the Marihuana Regulation & Taxation Act (MRTA) became law. It legalizes the adult use of cannabis in the state, and a new Office of Cannabis Management (OCM) was created through the legislation. The office comprehensively regulates adult use, medical, and hemp cannabis.

However, some cannabis-use offenses could get you arrested despite the legalization laws. A Long Island criminal justice attorney explains what this legalization means and what to expect with the new law.

What Are the New York State Cannabis Laws?

Under state laws, it’s no longer a criminal offense to smoke cannabis. It’s also legal to possess limited amounts of marijuana. Article 221, which previously made the possession, use, and sale of marijuana illegal, is no longer effective. In its place is the NYS Penal Law Article 222.

Cannabis Adult Use Regulations

The law allows adults 21 years and older to:

• Possess a maximum of three ounces of marijuana and up to 24 grams of concentrated cannabis for personal use
• Smoke or vape marijuana where tobacco smoking is allowed, depending on the laws and rules private establishments like hotels and residences or businesses have made. 
• Purchase cannabis products at only licensed retailers 
• Grow three cannabis plants at home, and a maximum of six plants in a house with more than one adult 
• Store up to five pounds of cannabis at home 

Limitations to Cannabis Adult Use

Adults may not:

• Smoke or vape tobacco or cannabis in public spaces like beaches, parks, boardwalks, pedestrian plazas, and playgrounds 
• Smoke or vape anywhere smoking is prohibited 
• Possess or sell more than the amount allowed by law 
• Drive while under impairment after using marijuana 
• Smoke marijuana in workplaces, cars, or schools

However, a law enforcement officer isn’t allowed to use the smell of cannabis in public spaces to stop and search a pedestrian. If you’re arrested and charged for the above, it would be in your best interest to contact a Long Island drug possession attorney. A skilled can create a strong defense to protect you from hefty fines and consequences. 

What Are the Penalties for Smoking Marijuana in Public in New York?

The new cannabis laws in New York prohibit a person who smokes cannabis in a public place where it’s not permitted from facing civil penalties. However, they can get the following:

• A fine of up to $25 
• 20 hours of community service under a court order 

Having a criminal defense attorney in Long Island represent you during your trial can be in your best interest. They can create a solid defense to have the charges reduced or dropped. 

Can I Expunge My Previous Cannabis Criminal Record?

Under the new cannabis laws in New York, some marijuana possession records can be automatically expunged. The new regulations have expanded the list of cannabis crimes eligible for expungement, but some may require a motion of application for submission to the court. 

Once a previous cannabis conviction record has been expunged, your arrest, the trial, and the sentencing will become a thing of the past, like they never happened. Charges that have successfully been expunged:

• Won’t appear in your criminal history background check 
• Can’t be used against you when you apply for a student loan, housing, or employment 
• Won’t be available to law enforcers unless when making an application for a gun license or a law enforcement job 
• Won’t be listed on a school or job application that asks about your previous arrests or convictions 

Automatic Expunctions

Certain marijuana convictions and related offenses are now eligible for automatic expungement. That means you don’t need to file a motion or pay any fees for the process. They include:

• Unlawful possession of Marihuana in the First and Second Degree 
• Criminal possession of cannabis in the First, Third, Fourth, and Fifth Degree 
• Unlawful cannabis sale 
• Unlawful possession of marihuana 
• Personal cultivation and home possession of marihuana
• Criminal sale of marijuana in the Fifth Degree 

If your cannabis convictions were only related to concentrated cannabis, then these offenses can be automatically expunged:

• Criminal possession of a controlled substance in the Fifth and Seventh Degree
• Loitering in the First Degree 

However, the court won’t send notices about expunged cases, but this information will be available at the District Attorney’s office, Division of Criminal Justice Services, and other law enforcement agencies. Your Long Island drug possession attorney can guide you on how to check if your conviction was expunged. 

What About Medical Cannabis in New York?

The Office of Cannabis Management (OCM), on January 24, 2022, approved an expansion of the medical cannabis program. The move would allow doctors to use medical cannabis in treating various conditions. Before the program’s implementation, doctors could only use medical marijuana for a limited number of medical conditions as allowed by statute. 

The move by OCM was part of the agency’s certification and registration system. The Cannabis Control Board made regulations to allow medical cannabis users to grow up to six plants for personal use. These changes were made possible by the new cannabis legalization law. 

However, only certified patients and caregivers registered with the OCM can grow medical cannabis securely within a private location. They also must not sell the cannabis they grow. The provision would help medical cannabis users have access to affordable medicine. 

An Experienced Drug Defense Attorney Representing You in Your Drug Crime Case

New York has new cannabis laws protecting cannabis users more than the previous law. Much of what was illegal in the past is now legal, and violations under the new law cannot earn your civil penalties. If you had been convicted of a cannabis-related crime under the previous cannabis laws, a marijuana crimes defense lawyer could help you check if you’re eligible for expungement. 

Our law firm has skilled and dedicated criminal defense attorneys who can help you in your case. We lend our clients a compassionate ear and allow them to tell their side of the story to help them create the best defense strategy. Our ultimate goal is to help them have their charges dismissed to protect their freedom and future. Talk to us today. 

If the police in New York City catch you smoking pot in public after September 1st, 2018, you probably will not be arrested. That’s what the New York Police Department (NYPD) announced in June.

The new rule is that if the New York cops catch you smoking pot in public, you’ll be issued a summons. You’ll have to appear in court, be represented by a drug crimes lawyer in New York, and you’ll face a possible fine of up to $100.

Of course, there are several exceptions to the new policy.

WHAT ARE THE EXCEPTIONS TO THE NEW POT POLICY?

Public pot smokers who have no identification or who have either an outstanding warrant or a history of violent behavior will still be arrested, and anyone whose pot smoking constitutes a clear and present risk to the public’s safety will also be taken into custody.

Still, the new policy is – according to some – revolutionary. “Today is a day where we take a step into the future,” Mayor Bill de Blasio told reporters at a news conference on June 19th.

Despite the “relaxation” of marijuana enforcement, recreational cannabis is still against the law in New York, and the penalties in this state for illegally selling, transporting, or cultivating marijuana remain some of the nation’s harshest.

IF YOU ARE CHARGED WITH A DRUG CRIME, WHERE CAN YOU TURN?

If you are charged with any drug crime on Long Island or in New York City, you must have a good defense lawyer’s help at once.

You’ll need to speak as swiftly as possible with a criminal defense attorney who will protect your rights and aggressively seek justice on your behalf.

The new pot rules in New York City are the product of an NYPD task force review of the department’s marijuana policy. Advocates for legalization, prosecutors, criminal defense lawyers, and criminal justice experts were consulted by the task force as the new policy was developed.

WHAT’S THE CURRENT PUBLIC OPINION REGARDING MARIJUANA LAWS?

Significantly, the new rules were announced only one day before the release of a new survey conducted by the Center for American Progress and the research firm GBA Strategies. Their survey shows that support for ending cannabis prohibition is at an all-time high.

Sixty-eight percent of the voters in the United States now want to end the prohibition of cannabis, according to the results of that survey.

Already, the legalization of marijuana has spread rapidly across the states in the last decade.

WHERE IS CANNABIS LEGAL?

The medical use of cannabis is now legal, with a doctor’s recommendation, in 29 states, the District of Columbia, and the territories of Guam and Puerto Rico.

The recreational use of cannabis is now legal in 9 states plus the District of Columbia, and recreational cannabis has been decriminalized in another 13 states plus the U.S. Virgin Islands.

And Canada will legalize marijuana in October of this year. Canadians will be able to consume marijuana recreationally without criminal penalties starting on October 17th.

HAS THE ENFORCEMENT OF POT LAWS TARGETED MINORITIES?

Historically, the state of New York has had a reputation for exceedingly tough drug laws, and the NYPD has been accused of disproportionately targeting minorities for marijuana-related charges.

City Council Member Donovan Richards believes the revised policy is a first step toward ending “decades of targeted enforcement” of marijuana laws that resulted in the denial of college grants and better jobs to many New Yorkers belonging to minorities.

“We have to heal. We have to look for a better path,” Mayor de Blasio told the press conference.

WHAT ARE THE PROSECUTORS AND POLICE COMMISSIONER SAYING?

In Manhattan, District Attorney Cyrus Vance Jr. announced that his office will not pursue pot smoking or possession charges as of August 1st.

In Brooklyn, District Attorney Eric Gonzalez is already declining to prosecute most pot smoking and possession cases.

“We found that in good conscience we could no longer continue to prosecute these cases without any measurable public safety benefit,” District Attorney Gonzalez told reporters.

Speaking alongside Mayor de Blasio at the June 19th news conference, New York Police Commissioner James O’Neill claimed that the NYPD “does not target anyone based on race or any other demographic.”

The Commissioner said the department handles a high number of complaints from the public about pot smoke and pot smokers, and he admitted that encounters between police officers and pot smokers can be improved.

“The bottom line is, and I’ve said this probably many times before, the NYPD has no interest in arresting people for marijuana offenses,” O’Neill told reporters.

WHAT’S THE CURRENT LEGAL STATUS OF POT IN NEW YORK STATE?

The new policy is projected to reduce the number of arrests in New York City by about 10,000 a year. Tax dollars will be saved, and police officers will have more time to handle more serious crimes.

In a related development, the day before Mayor de Blasio’s press conference, State Health Commissioner Howard Zucker announced that the New York State Department of Health will expand the availability of medical marijuana as a substitute for an opioid prescription.

The goal, Zucker said, is to reduce the number of patients who become addicted to opioids after first using the drugs with a doctor’s prescription.

In New York, more than 1,600 registered practitioners may prescribe medical cannabis and over 50,000 patients are approved to purchase it at one of 20 New York dispensaries.

SHOULD THE CITY AND STATE DO MORE?

Many, however, are saying that the city and state need to move faster on marijuana legalization – that the current reforms are timid, halfway measures that don’t address the core issue of racial disparity in the enforcement of pot laws.

This excerpt from a Forbes magazine column expresses the discontent:

“And as long as we are arresting, criminalizing, or seeking to deter people from consuming marijuana … we are necessarily working against those people and areas of society and industry that most deserve our support.”

WHAT IS YOUR RIGHT IF YOU FACE A DRUG CHARGE IN NEW YORK?

And as long as people are arrested on marijuana charges, they are going to need defense lawyers.

If you are charged with possessing or selling pot – or any other drug – on Long Island or anywhere in the New York City area:

1. Get the legal help you need.
2. Contact a criminal defense attorney.
3. You should do it immediately.

If your freedom and your future are at stake, and if you’re facing a drug charge in New York, you have the right to quality legal advice and representation – and you’ll need to exercise that right without delay.

Across the nation in recent years, a number of states have legalized the medical and recreational use of marijuana, and there’s been a general easing up on prosecutions for the possession of small amounts of drugs for personal use.

Drug diversion programs in many states, for instance, are keeping first offenders out of prison for minor drug possession charges, and first offenders in these states can often avoid a conviction entirely having their drug crimes lawyer fight for their right to a diversion program.

But you cannot expect any leniency if you are charged with the illegal distribution of drugs in the state of New York.

WHAT IS CONSIDERED ILLEGAL DRUG DISTRIBUTION IN NEW YORK?

If a law enforcement officer in this state reasonably believes you are importing, transporting, or selling illegal drugs, you could be taken into custody and charged with the illegal distribution of drugs.

Included as illegal drugs are the more common “street” drugs like heroin and cocaine, but if you sell prescription drugs to others, that is also illegal drug distribution.

If you possess illegal drugs in a quantity that exceeds what you would typically possess for personal use, law enforcement will presume that you intend to sell the drugs.

WHY IS DRUG DISTRIBUTION PUNISHED SO SEVERELY?

Because of the quantities involved and the intention to sell, drug distribution is a serious crime, and the penalty for a conviction will be substantially harsher than a drug possession penalty.

That should come as no surprise to anyone who has followed the history of drug law enforcement in our state.

Since the 1970s, New York has had an international reputation for being aggressive and harsh in the pursuit and punishment of illegal drug dealers, distributors, and manufacturers.

WHO HAS JURISDICTION IN DRUG DISTRIBUTION CASES?

While drug possession charges are usually handled by state courts, a drug distribution charge is more likely to be prosecuted in a federal court. That’s because the illegal distribution of drugs often involves multiple suspects in several states and the transport of drugs across state lines.

But if you are the person facing a drug distribution felony charge, whether you are tried in a federal court or in a state court, you will probably be facing a mandatory minimum prison sentence if you are convicted.

You may not be connected to a violent international drug cartel, but that’s what federal drug laws are designed to fight. If you are convicted on a federal drug distribution charge, the judge in your case may have no choice under the law – except to send you to prison.

WHAT WILL A NEW YORK JUDGE CONSIDER IN A DRUG DISTRIBUTION CASE?

At the state level in New York, all illegal drug sales and drug distribution crimes are charged as felonies.

However, it’s almost impossible to say what the exact sentence might be for any particular drug distribution conviction, because a judge has to take so many factors into account, including:

1. the defendant’s previous criminal convictions (if any)
2. the amount and type of drugs involved
3. aggravating circumstances such as the involvement of minors or firearms
4. the state’s sentencing guidelines and mandatory sentencing requirements

In New York, when the sale of a controlled substance is a first offense and is charged as a fifth-degree felony, a conviction is punishable with a prison term of one year to two-and-a-half years.

ARE THERE STANDARD SENTENCES FOR DRUG DISTRIBUTION CONVICTIONS?

Penalties for fourth-, third-, and second-degree drug distribution felonies are incrementally and increasingly severe. A conviction for a first-degree drug distribution felony at the state level in New York is punishable with:

1. a prison term of eight to twenty years for “non-major” drug traffickers
2. a prison term of twelve to twenty years for second-time felony drug offenders
3. a prison term of fifteen years to life for “major” traffickers

Along with the prison terms, fines can be imposed for drug distribution convictions. Those fines can range from $5,000 for first-time and “non-major” offenders to $100,000 for major drug traffickers.

If you’re charged in the state of New York with illegally selling, distributing, or trafficking drugs, whether you are charged under state or federal law, you must contact a Long Island criminal defense attorney – and get the legal help that you’ll need – immediately.

WHAT DEFENSE STRATEGIES WORK IN DRUG DISTRIBUTION CASES?

A good criminal defense lawyer will develop a defense strategy based on the particular details of the case.

Listed here are several of the defenses typically offered in drug distribution cases:

1. The police had no probable cause to conduct a search. Without probable cause or a search warrant, evidence that’s seized cannot be used against you. If wrongly-seized evidence is the only evidence against you, the distribution charge can probably be dismissed.

2. You had no intention of selling the drugs. Even if you possess a large quantity of a drug, if you can produce evidence that you had no intention to sell or distribute the drug, a prosecutor might reduce the distribution charge to a possession charge.

3. You’re innocent. Possibly the drugs were someone else’s, and you were misidentified as the owner. Possibly the drugs were planted to frame you. If you are innocent, explain what happened to your defense lawyer, and you’ll probably get the justice you need.

The drug distribution laws in New York are specifically written to generate convictions. But unless a suspect sells drugs to a police officer or informer, sells drugs and is seen by a police officer, or confesses to drug distribution, the state may have difficulty winning a conviction.

ON WHAT BASIS ARE MOST DRUG DISTRIBUTION CASES PROSECUTED?

That’s because in most cases, a drug distribution charge will be based on circumstantial evidence.

The discovery of drug-related equipment and paraphernalia – such as scales and plastic bags – offers powerful support for the prosecution in a drug distribution case.

WHAT’S YOUR TOP PRIORITY IF YOU ARE CHARGED WITH A DRUG CRIME?

If you are arrested in New York and accused of illegally distributing drugs – or if you’re charged with any other drug crime – speak to a knowledgeable Long Island criminal defense attorney immediately.

A drug distribution conviction can put you in prison and destroy your future.

If you are charged in New York with illegally distributing drugs, get the experienced legal help you need – right away – because nothing is more important than your freedom and your future.

Drug possession and drug trafficking are two very serious offenses in New York. When it comes to narcotics, New York has historically been one of the more strict enforcers of drug laws. However, our drug crimes attorneys know it is not a crime when cops simply smell drugs.

Contact with Police

A large majority of drug possession and drug trafficking cases in New York are based on the police finding evidence of a potential legal violation before corroborating their suspicions with statements made by suspects and witnesses.

What most people don’t realize is that they are under no obligation to speak to police, no matter the type of crime is being investigated.

Our legal system is not just a black and white set of laws – it is a web of rules, requirements, exceptions and elements that must all be applied based on the specific facts of the case at hand. It is an environment where saying the wrong thing, even in the wrong tone of voice, could lead to significantly harsher sentences than may actually be prudent or required under the circumstances.

Because they can have no way of knowing how their statements will be construed or interpreted by readers of the police report later, it is always better for suspects to refuse to respond to questions and to immediately request an attorney whenever contact with police is initiated.

I Smell Drugs

One tactic that police use in order to cause suspects to incriminate themselves (which suspects always have the right not to do), is to make statements and wait for a response. One such statement is I smell drugs. Believe it or not, but once most people hear this statement, they hear a question that they think has to be answered. Not only is this statement not even a question that could be answered, but the person to whom the statement is made is under no legal obligation to provide an answer, even if the statement had been made in the form of a question.

In fact, nowhere in New York law is the act of smelling like anything a crime. The odor of drugs may be probable cause for the police officer to detain a person, but it is not actually a crime that could even be ticketed. The way an odor leads to an arrest and conviction is, when upon hearing that police officers smell drugs, detained individuals start volunteering information in the hopes it will get them out of trouble. In most cases, efforts to get themselves out of trouble is actually what leads to suspects getting themselves into more trouble simply because police officers smell drugs on or near the suspect.

After Questions are Refused

When a person tells a police officer in the field that he or she is refusing to answer questions, they may be hit with other questions, like “Why?”

When this happens, suspects should tell police, again, as politely as possible, that they are not answering questions, and again request the presence of an attorney. This might create a visibly frustrated police officer, but suspects should not worry, for if a police officer actually has the right to make an arrest or conduct a search, the officer doesn’t need the permission of the suspect in order to do the officer’s job.

Make no mistake about it, everything a police officer says to a suspect in the field is tactically designed to get the suspect to incriminate him or herself. Keep this in mind and always refuse to answer questions regarding drug investigations until experienced legal counsel has been obtained.

What Happens When The Dog Accuses You?

First, imagine that you’ve been pulled over by the police even though you haven’t done anything wrong. Secondly, now imagine that the police officer who stopped you is accompanied by a drug-sniffing German Shepherd. Now, you don’t have to just worry about the police office claiming that he or she smells drugs, but also that the dog will react to something that he smells. Do you have the right to refuse a “dog-sniff” test? Yes you do, and in fact, it’s a bad idea to submit to a police dog-sniff test. If you’re charged with any crime in New York on the basis on evidence obtained through the use of a police dog, get legal help at once and contact an experienced Long Island criminal defense lawyer.

The behavior of drug-sniffing dogs is often used as probable cause to search a vehicle at a traffic stop, but research is proving that drug-sniffing dogs are unreliable. According to a study conducted by the Chicago Tribune in 2011, when a dog indicates that illegal drugs are in a vehicle, the dogs are right in only 44 percent of these incidents. The U.S. Supreme Court ruled in 2005 (in Illinois v. Caballes) that police do not need reasonable suspicion to employ drug-sniffing dogs during a legitimate traffic stop. However, if the police don’t have a dog with them at the time of the traffic stop, they need probable cause to detain you until a K-9 unit arrives. If an officer detains you in this situation, you have the right to refuse a search.

Your refusal may not stop the police from detaining you and using the K-9 anyway. If the police arrest you, a good defense attorney will make sure that your rights are protected. If the police did not have probable cause to detain you, your attorney will ask the court to throw out any evidence obtained through an illegal search. On Long Island and anywhere in New York City, if you’re charged with any crime because of evidence obtained by the use of a police dog, arrange to speak at once with an experienced Long Island criminal defense lawyer. Don’t trust your case with a public defender who may have never worked on this type of case before. There is too much at risk to put your future in the hands of a public defender. Instead, go to a trusted Long Island criminal defense attorney.