Bronx Drug Trafficking Lawyer
While the Bronx and the city as a whole have taken steps to provide alternatives to jail for drug users, the penalties for alleged drug traffickers remain harsh. Drug trafficking laws are among the most serious of any criminal allegation in New York’s Penal Law.
Drug trafficking laws apply to those accused of selling massive amounts of drugs over a period of time. Alternatively, drug trafficking laws may also refer to scenarios where a sale never took place. As a result, it is vital for anyone facing felony drug trafficking charges to understand the law and develop a robust defense.
A Bronx drug trafficking lawyer could help you examine every portion of the case to discover a defense plan that fits your particular needs. By working with an experienced drug attorney, you can give your case the best chance of success.
What is the Definition of Drug Trafficking?
Narcotic drugs such as heroin, cocaine, and methamphetamines are illegal, and any person caught with these items can be arrested. While marijuana possession in small amounts is no longer a cause for a criminal arrest, large amounts of this drug may allow police to infer that distribution is taking place.
It is additionally illegal to distribute any controlled substance. However, drug trafficking laws take this concept to the next level. According to New York Penal Law §220.77, it is against the law to be a major drug trafficker. This could mean:
- Acting as a director of an organization that sells $75,000 worth of drugs or more over a period of 12 months
- Personally selling $75,000 or more worth of narcotic drugs in a six-month period
- Possessing $75,000 or more worth of narcotic drugs with the intent to sell them
A violation of the law under any of these scenarios is a Class A-1 felony. These carry a mandatory minimum prison sentence of eight years with a maximum penalty of 20 years. A Bronx drug trafficking lawyer could help a person better understand the state’s drug trafficking laws and how they may apply to their case.
What are the Collateral Consequences of a Drug Trafficking Conviction?
Not every consequence of a drug trafficking conviction is prescribed by law. In addition to the jail time and fines that are common with drug trafficking convictions, there are also collateral consequences that can follow a conviction.
Because drug trafficking is a felony, a conviction could have a significant impact on a defendant’s constitutional rights. Specifically, it could result in the loss of the right to own a firearm or vote in elections. A drug trafficking conviction could also add other challenges in life that could last long after prison sentences are served and fines are paid. Prospective employers and landlords could reject an application based on a drug trafficking conviction. An attorney in the Bronx could minimize these consequences by building a defense against the drug trafficking charges.
Illegal Searches During a Trafficking Investigation
When the police search the property of a suspect without a warrant or probable cause, they violate that individual’s constitutional rights. These searches could involve a suspect’s home, vehicle, or person. In these situations, an attorney could move to suppress this evidence from trial based on a doctrine known as the “fruit of the poisonous tree.” Under this doctrine, the court is empowered to throw out all evidence tied to an unlawful search.
Building a Defense in The Bronx
Drug trafficking cases can be very complicated. Depending on the specific charges, potential defenses will change. If someone faces allegations of directing a drug organization, a lawyer could work to discredit any documentary evidence or witness statements that tie a client to alleged drug activity.
Allegations involving the possession of drugs with the intent to distribute can be just as complex. Often, police will not witness someone selling drugs. Instead, they may ask a jury to infer that selling was taking place with circumstantial evidence. The presence of large amounts of cash, customer lists, and packaging materials may all indicate an intent to traffic.
A Bronx drug trafficking lawyer could examine the specific details of any case to identify weaknesses in a prosecutor’s case. This could result in a more favorable outcome.
A Bronx Drug Trafficking Attorney Could Be an Advocate
Allegations of drug trafficking in The Bronx are among the most serious criminal charges. A conviction carries a mandatory minimum prison sentence and will forever change your life. Making matters worse, prosecutors have many paths to secure a conviction. A court may convict you based on nothing more than circumstantial evidence that you were involved in a criminal drug enterprise that turned a substantial profit.
A Bronx drug trafficking lawyer could help to defend your liberty against these allegations. To start fighting the charges you are facing, call today.