Looking for a Buffalo Drug Possession Attorney
If you have been charged with drug possession, you need a skilled criminal defense attorney to defend you. Dominic Saraceno is the Buffalo criminal attorney you need to consult with. Mr. Saraceno has successfully defended drug charges in the Buffalo, NY, Erie County and Niagara County courts for almost 15 years.
Types of Drug Possession Charges
If you have been charged with drug possession, there are some legal concepts you should be aware of. Under New York state law it is possible for different people to be charged with possessing drugs at the same time. Two of the presumptions used by prosecutors are the Automobile Presumption and the Room Presumption.
The Automobile Presumption allows prosecutors to charge everyone in a vehicle (where drugs are found) to be charged with criminal drug possession. Prosecutors can use this presumption even if the drugs were hidden in the trunk or glove box and not all of the passengers in the vehicle were aware of the drugs. Innocent people can get caught under this presumption by being in the wrong place at the wrong time.
The Room Presumption allows prosecutors to charge anyone present in a house where drugs are found with criminal possession of a controlled substance. For example, everyone attending a party can be charged under the room presumption even if they were not involved with possessing or using any drugs. The exception to this is if the drugs were not used out in the open and were hidden on an individual person.
If you have been charged with criminal possession of a controlled substance, you need an experienced Buffalo criminal attorney who will vigorously defend you from prosecutors looking to rack up convictions on people who were not actually guilty.
Marijuana Possession Charges in New York
Marijuana is a schedule one substance in New York which means it is classified as a drug that has a high capacity to be abused without medical value. The most important thing to understand if you have been charged with marijuana possession in New York is that prosecutors will charge you based on the amount of marijuana found.Here is basic layout for this:
More than 25 grams = B misdemeanor (maximum 90 days in jail)
More than 2 ounces = A misdemeanor (maximum 1 year in jail)
More than 8 ounces = E felony
More than 16 ounces = D felony
More than 10 pounds = C felony