In New York State, drug offenses can range from non-criminal violations with a maximum penalty of $100 fine to criminal offenses. Even with the recent and substantial reforms of New York’s “Rockefeller Drug Laws” of the early 1970’s, criminal drug offenses carry potential sentences that still involve significant fines, probation, jail or even lengthy prison sentences. The same is true, often worse, when facing drug charges in federal court.

And the collateral consequences that such convictions carry beyond those imposed by the Judge can also be very significant. You may lose the right to vote, get school loans, possess or purchase firearms, or receive certain government benefits, including certain loans and housing opportunities. A conviction can injure your standing in the community, hamper your employment and income potential, and can have a dramatic impact on personal relationships, and even with family members.

While the potential penalties are still great, fortunately society and the justice system have finally caught up with the reality that the majority of defendants facing drug charges are non-violent, and are as often as not addicted to drugs themselves. This recognition has led to the creation of “Treatment Courts” and other programs which divert non-violent, drug-addicted defendants out of the traditional court structure and allow them to get treatment instead of term of incarceration.
Depending on the jurisdiction, the prosecutor, and the circumstances of the case, some defendants that successfully complete treatment-based programs (which are usually somewhere between twelve and twenty-four months long) may be eligible to have their criminal conviction sealed, some are allowed to take back their guilty plea and plead to a lesser (non-felony) charge, or even have the charge dismissed altogether. Needless to say, in addition to helping an individual receive help that is often crucial to getting themselves back on track, the potential benefits are great. However, these programs are certainly not for everyone, and a defendant facing these choices would be well advised to fully understand what they are getting themselves into before they agree to such a program.

Some cases are not destined to go the treatment route, whether by the choice of the defendant or the prosecutor. While drug charges can range from misdemeanor to felony, they are all considered to be relatively serious, and it is important that those facing such charges take them as seriously as those prosecuting them do. There may be an available defense, such as mistaken identity, agency, possession by others or imitation (‘fake’) controlled substance, but the prosecutor might not be willing to listen, and your defense isn’t worth much if your attorney doesn’t know how to take the information you provide them with and develop it into a viable trial defense. If you are charged with a drug crime, you will certainly need an experienced and aggressive attorney who knows how to investigate a case and present it in the best possible light, whether in front of a trial jury or in a presentation to the prosecutor.