Drug Crimes Attorney in Westchester County
Defense Informed by Drug Prosecution Experience
Allegations involving drug possession, sale, trafficking, or prescription medication require a defense grounded in the evidence and the law governing police conduct. Proto, Sachs & Brown, LLP represents clients throughout Westchester County in cases ranging from misdemeanors to serious felony and federal charges.
Our attorneys have more than 100 years of combined legal experience. Andrew J. Proto is a former Westchester County Assistant District Attorney who prosecuted drug possession and sale cases. He also co-authored “ Defense Strategies for Drug Crimes.”
Speak with our drug crimes attorneys about the charge, the evidence, and your available options. Call (914) 840-5104 for a free case evaluation.
Drug Charges & Evidence We Examine
We handle drug possession and criminal sale charges involving street drugs, prescription medications, or evidence recovered during a vehicle stop, home search, or arrest.
Our drug crime defense work includes allegations involving:
- Marijuana possession and sale
- Cocaine, crack cocaine, methamphetamine, heroin, and ecstasy
- Prescription drugs such as OxyContin, Vicodin, and Codeine
Possession & Knowledge
For a possession charge, prosecutors must prove both possession and knowledge. Actual possession means the substance was found on the person. Constructive possession concerns alleged control over the place where police found it, such as a room, vehicle, container, or shared space.
We challenge constructive-possession allegations when the evidence doesn’t establish the required control or knowledge. The substance’s location, who had access to it, and statements attributed to the accused can affect the analysis.
Search & Seizure
Evidence obtained during a stop, search, or arrest can be challenged when police violate constitutional protections. We examine how officers initiated the encounter, whether they had legal grounds for the search, and whether any warrant authorized their actions.
A suppression motion asks the court to exclude evidence obtained unlawfully. When the facts support a challenge, we seek to suppress the drugs, statements, or other evidence recovered.
How New York Classifies Drug Charges
Article 220 of New York’s Penal Law defines drug possession and sale offenses. A charge’s classification depends on statutory factors such as the substance, its weight, and the conduct alleged.
Examples of possession classifications include:
- Seventh-degree possession: Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor under New York Penal Law § 220.03.
- Fifth-degree possession: Criminal possession of a controlled substance in the fifth degree is a class D felony under New York Penal Law § 220.06.
- First-degree possession: Possession involving eight ounces or more of a narcotic drug is a class A-I felony under New York Penal Law § 220.21.
New York adult-use cannabis law permits adults age 21 and older to possess up to three ounces of cannabis and 24 grams of cannabis concentrate. Analysis of a cannabis charge must account for the amount, the product involved, and whether police allege possession or sale beyond what the law permits.
State & Federal Courts
Misdemeanor drug charges arising in White Plains are typically handled in White Plains City Court. Felony charges move to Westchester County Court, while large-scale or cross-state trafficking allegations may be prosecuted in the U.S. District Court for the Southern District of New York.
The court, charging statute, and stage of the proceedings shape the available defense strategy. We assess those factors alongside the prosecution’s evidence rather than approaching every drug case the same way.
Our Testimonials
Effective Legal Counsel Clients Trust
Building a Drug Crime Defense in Westchester County
A free case evaluation allows us to review the allegations and identify issues requiring immediate attention. We develop a defense strategy based on the specific charge, the available evidence, and the case’s current stage.
Our review can include police reports, body camera footage, forensic results, and witness statements. We also examine the circumstances of any stop, search, questioning, or arrest to determine whether police conduct supports a suppression motion.
Diversion & Treatment Options
Westchester County courts may offer drug court, diversion programs, or treatment options for some first-time, nonviolent offenders. Eligibility depends on the charge, the person’s circumstances, and the court’s requirements. No program is automatic, so we evaluate whether a treatment-based alternative or another sentencing option is available and appropriate.
When supported by the facts and law, we pursue alternative sentencing or other manageable outcomes. Our attorneys explain the available options without promising a dismissal, reduced charge, program admission, or particular result.
Request your free case evaluation by calling (914) 840-5104 or submitting our contact form. We’ll discuss the allegations and the next steps in your defense.
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"Outstanding lawyers. You have got to talk to them!"The firm helped me out in Yonkers, NY with a drug arrest. I thought all was lost and my wife was really annoyed with me. My lawyers kept everything under control and really put my mind at ease. They explained everything and even answered my frantic questions on a Saturday!! They are the type of guys that makes you feel good and knows what they are talking about. Its like everyone knew my lawyer in court and my lawyer was always prepared much more prepared than the DA. They worked everything out for me and all I had to do was stay out of trouble for a few months and the case was dismissed. Just like that dismissed. I wrote this review because I called the firm months and months later and even though I wasn't calling to hire the firm for anything they took the time to talk to me on the phone like a friend. If you don't know what lawyer to call you need to talk to Proto, Sachs & Brown, LLP!! They are great!- Former Client
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"I was lucky to have such an open and compassionate lawyer."The firm was a big help in my DWI case in White Plains. We appeared in Court together and they always took time to explain my case and all of my options. My lawyer even gave me his e-mail address and responded to my questions on weekends. I was lucky to have such an open and compassionate lawyer. I didn't know my lawyer from anyone when I found him on the internet but now I feel comfortable calling him anytime. He also helped me with my child custody issues that keep coming up. I would recommend you call him with any questions.- Former Client
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"He defended me successfully and I was found not guilty. I am grateful to Andrew for seeking and defending justice."Andrew defended me in a serious traffic violation of which I was not guilty. He kept me informed at all times and was knowledgeable and responsive. Notwithstanding that the judge would not accept a plea bargain for this offense as a matter of policy, Andrew requested a trial. He defended me successfully and I was found not guilty. I am grateful to Andrew for seeking and defending justice. I would recommend him highly.- Former Client
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"He is very responsive and clearly knows what he is doing."Thank you for treating me as if I was a VIP. David did a great job getting my speeding charge dismissed. He is very responsive and clearly knows what he is doing.- Former Client
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"As far as lawyers go, Mr. Sachs is an "11 out of 10""WOW, can't say enough about David Sachs, professional, aggressive, knowledgeable and never left me in the dark about my felony DWI case. When I hired Mr. Sachs and his firm I already had a felony DWI conviction and I was sentenced to five years' probation. I came to the firm with my second felony DWI charge and probation violation. Mr. Sachs was able to get me restored back to probation with no jail time. Then I picked up my third felony DWI charge and I thought it was all over for me. However, Mr. Sachs never lets up! I doubted his belief that I could get back on probation and stay out of state prison. But in the end, he delivered! Mr. Sachs gave a very passionate sentencing argument to the judge. I was very moved myself. Because of the Mr. Sachs' loyalty to me and his profession, the impossible was made possible! As far as lawyers go, Mr. Sachs is an "11 out of 10". God Bless.- Carl S.
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"It was also obvious to me that the judges and even the prosecutors know and liked Andrew which I believe made him lawyer much more effective and successful in my case."About a year ago I met with Andrew Proto and hired his firm, Proto, Sachs & Brown, LLP to handle my criminal case. Andrew was able to work out a deal with the prosecutor to have my criminal charges dismissed and my court record sealed. It was also obvious to me that the judges and even the prosecutors know and liked Andrew which I believe made him lawyer much more effective and successful in my case. I really appreciate his service and the firm.- Ricky C.
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"Outstanding lawyers. I have worked with them twice and they know what they are doing."I have worked with Keith Brown and he always took the time to answer my questions. He always had a plan for me and explained everything clearly.- Jason B.
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"With me every step of the way"Keith Brown and Andy Proto are bothe very caring, knowledgeable and attentive attorneys. They were with me every step of the way through a very tough child custody case. On first meeting, Keith told me we would come out victorious and he held true to that. Their strategy was explained clearly and decisively throughout and was available at any time to answer any questions or concerns I ever had. When it came down to crunch time, they worked countless hours even outside of their regular business hours to get the results we want ed and needed. I would recommend this firm and these attorneys to anyone in need.- Kara
Why You Should Choose Our Law Firm
Providing Experienced Guidance for Your Legal Needs
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Premier CounselSelection for Super Lawyers® (top 5% of New York attorneys)
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Award-WinningAvvo Clients’ Choice Award for Family Law and Criminal Defense
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Published Legal AuthorsCo-Authored National Bestsellers on DWI & Criminal Defense
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Experience & Perspective100+ years of combined experience, including criminal prosecution