Westchester County Drug Possession Lawyer

Proudly Serving White Plains & Cortlandt Manor 

The Westchester drug crime lawyers at Proto, Sachs & Brown, LLP are dedicated to vigorously protecting the rights of our clients. If you have been charged with a drug, controlled substance, or narcotics crime, from possession of marijuana to federal narcotics trafficking, it is important that you contact us for a free consultation so we can begin defending your rights.

Drug possession charges in New York State should never be taken lightly. A conviction for a drug crime can impact your future well beyond criminal penalties, including employment, professional licensing, and immigration status. Even if you are a first-time offender and may receive greater leniency from the court, sentencing can still involve jail, substantial fines, mandatory rehab programs, probation, driver’s license suspension, and civil sanctions. 

Speaking with an experienced drug possession attorney in Westchester County at the earliest stage can help limit the negative effects on your life and protect your future opportunities. We serve clients across Westchester County, including the greater White Plains and Cortlandt Manor areas, ensuring local legal representation is always accessible.

If you need an aggressive drug possession attorney in Westchester County, contact our firm online or call (914) 840-5104 today. We offer free consultations to discuss your options right away.

Understanding Drug Possession Charges & Penalties in Westchester County

Drug possession charges in Westchester County are prosecuted under New York Penal Law Article 220, which addresses offenses involving the possession of controlled substances. The classification and severity of these charges depend on factors such as the type and quantity of the substance allegedly possessed.

In New York, adults age 21 and older may legally possess up to 3 ounces of marijuana or 24 grams of concentrated cannabis. Possessing more than these amounts can lead to fines or misdemeanor charges. For example, possession over 3 ounces of cannabis results in a $125 fine, and having over 16 ounces could lead to a misdemeanor charge. Residents can store up to 5 pounds of marijuana at home but exceeding this amount brings the risk of facing drug possession charges in New York.

In New York, controlled substances include heroin, cocaine, methamphetamine, and prescription drugs that are not lawfully prescribed. Each drug category is assigned to a schedule, which determines the possible penalties. Even misdemeanor-level offenses can result in significant consequences, including fines, probation, or jail time in the Westchester County Jail. Felony drug possession charges carry even stiffer risks, including potential state prison sentences, heavy fines, and long-term consequences for employment and housing.

Key Elements the Prosecution Must Prove

To obtain a conviction for drug possession, the Westchester County District Attorney must prove two essential elements beyond a reasonable doubt:

• Possession: The accused must have knowingly and unlawfully possessed the controlled substance. This can be:
  • Actual Possession: Having the substance on your person.
  • Constructive Possession: Exercising dominion and control over the area where the substance was found (e.g., a car, apartment, or locker).
• Knowledge: The accused must have known that they possessed a controlled substance.

The defense strategy employed by our firm often focuses on challenging the nature of possession. In cases of constructive possession—which are common—we attack the State's ability to prove control, arguing that others had access to the location or that the defendant lacked knowledge that the drugs were present. A skilled Westchester County drug possession lawyer will use the lack of physical evidence linking you directly to the contraband to create reasonable doubt.

Penalties and Collateral Consequences of Drug Possession Convictions

The consequences of a drug possession conviction in New York extend beyond direct jail or prison time, severely limiting your future opportunities. The penalties are generally more severe for felony convictions (Class D through A-I) than for misdemeanors.

Direct Sentencing Consequences

• Incarceration: For felony drug charges, sentences include determinate (fixed) terms for violent felonies and indeterminate (range) sentences for non-violent felonies. A conviction for a high-level felony can result in a sentence of decades in state prison.
• Fines and Forfeiture: Penalties often include substantial fines, and New York law allows the government to pursue asset forfeiture, meaning they can seize property, cash, and vehicles allegedly connected to the drug crime.
• Mandatory Programs: Convictions often lead to mandatory probation or Post-Release Supervision (PRS), during which strict terms—including drug testing and curfew—must be followed.

Devastating Collateral Consequences

A permanent criminal record for drug possession requires an experienced drug possession attorney in Westchester County to minimize the lasting damage:

• Immigration Status: Drug crimes are often considered deportable offenses or crimes involving moral turpitude, leading to severe immigration consequences for non-citizens.
• Federal Funding: Loss of eligibility for federal student aid, grants, and public housing assistance.
• Employment and Licensing: Permanent obstacles to employment, particularly in licensed or trust-based professions (e.g., finance, childcare, healthcare).
• Driver’s License Suspension: A drug conviction can result in the automatic suspension of your driver's license, even if the crime did not involve a vehicle.
• Second Offender Status: Any felony drug conviction can be used to enhance the minimum prison sentence for any future felony charge.

The New York State Drug Possession Defense Process

From the moment of arrest in Westchester County, the legal process is a series of critical opportunities that demand immediate intervention by a qualified Westchester County drug possession lawyer.

• Arraignment and Bail: We fight immediately for your release on your own recognizance (ROR) or for reduced bail, allowing you to participate actively in your defense from outside custody.
• Pre-Trial Motions to Suppress: This is the most crucial phase in a drug case. We file detailed motions challenging how the evidence was obtained:
• Illegal Stop/Search: Did the police have probable cause or reasonable suspicion to stop your vehicle or person?
• Warrantless Searches: Was the search of your home or vehicle conducted without a valid warrant or a valid exception to the warrant requirement?
• Chain of Custody: We challenge the integrity of the evidence, ensuring the drugs tested were, in fact, the drugs seized and that the weight was accurately determined.
• Negotiation (Plea Bargaining): Our firm uses the legal leverage gained from successful motions and holes in the prosecution’s evidence to negotiate for:
  • Dismissal of charges entirely.
  • Reduction of a felony to a misdemeanor or a non-criminal violation.
  • Acceptance into Judicial Diversion Programs (Drug Court), which can lead to dismissal and sealing of the record upon successful completion—a powerful option for many clients facing drug possession charges.
• Trial Preparation and Litigation: If a satisfactory resolution cannot be negotiated, we are fully prepared to aggressively defend you at trial, fighting the prosecution's claims regarding possession, knowledge, and intent.

Our Comprehensive Approach to Drug Possession Defense

As an established White Plains law firm, Proto, Sachs & Brown, LLP offers a distinct advantage in the complex landscape of New York drug laws. We develop a defense strategy tailored to the specific facts of your arrest, relentlessly challenging the State's narrative at every level.

We focus our defense efforts on:

• Challenging the Search and Seizure: The most successful defense strategy often hinges on Fourth Amendment violations. We investigate whether the police fabricated a reason for the stop, exceeded the scope of a search warrant, or coerced consent. If the stop was illegal, the evidence—the drugs themselves—must be excluded.
• Disputing Constructive Possession: In cases where drugs are found in a shared space (like a car or apartment), we present evidence that multiple individuals had access, or that the drugs belonged to another party, proving the prosecution cannot meet the burden of knowing and unlawful possession.
• Scientific and Forensic Testing: We scrutinize the lab reports and the chain of custody for the substance. Errors in handling or chemical testing can lead to a case dismissal.

Our firm views every drug possession case as a battle for your reputation and freedom, and we leverage our experience to ensure the highest possible chance of success.

Why Choose Our Westchester County Drug Crime Lawyers

Our Westchester County criminal defense attorneys, with over 100 years of combined experience, skillfully handle a wide range of federal and state narcotics cases. We represent clients charged with marijuana, cocaine, crack cocaine, heroin, methamphetamine, "designer drugs" like ecstasy and OxyContin, codeine, unauthorized prescription medications, as well as performance-enhancing drugs including steroids and human growth hormones. When you need a drug possession attorney in Westchester County with real local knowledge and a record of success, our team is here to help.

With our offices located in both White Plains and Cortlandt Manor, we have deep ties to the community and years of experience navigating the Westchester County courts. Our defense includes understanding local law enforcement approaches and anticipating the prosecution’s strategies thanks to our attorneys’ backgrounds as former prosecutors. We are familiar with the nuances in how judges adjudicate these issues in areas such as Yonkers, Mount Vernon, New Rochelle, and beyond.

Contact Us to Request Your Free Initial Consultation

If you have been charged, arrested, or questioned about any drug, controlled substance, or narcotics-related offense, Proto, Sachs & Brown, LLP is ready to safeguard your rights and your driver’s license. We know how quickly these cases move and how important it is to take immediate action.