Cocaine Possession Charges
While there are exceptions to the presumption, the NY Penal Law states that the presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found.
Cocaine possession charges can range from a Class A misdemeanor , Penal Law 220.03 to more serious felony charges. Those individuals charged with criminal possession of a controlled substance in Brooklyn may find their case adjourned to a Diversionary Treatment Part known by the acronym of STEP, Screening and Treatment Enhancement Part. A Drug Crimes Defense Attorney familiar with these programs sometimes offered in lieu of incarceration will be able to explain the benefits and drawbacks of such offerings.
Felony criminal possession charges include Criminal Possession of a Controlled Substance in the 4th Degree, PL 220.09, a Class C Non-Violent Felony; and Criminal Possession of a Controlled Substance in the Third Degree, Penal Law 220.16, a Class B Felony, where the aggregate weight of the cocaine allegedly possessed is one half an ounce or more. While such a drug charge is serious in nature, a defense is often possible and a drug crimes defense lawyer can investigate whether the search was proper or should be suppressed; whether there was an unbroken chain of custody of the alleged drugs; and whether the alleged drugs recovered were mislabeled or improperly secured following the arrest.