Drug Crime Defense
Over half of all incarcerated individuals in this country are serving sentences because of convictions involving illegal drugs. So it is obvious to say that courts and prosecutors take these charges very seriously and the punishment for convictions involving illegal drugs can be catastrophic. The defense attorneys at Schalk, Ciaccio & Kahn have successfully defended countless clients accused and/or charged with illegal drug charges at both the state and federal levels.
Common drug charges in New York State include but are not limited to:
- Criminal Possession of a Controlled Substance
- Criminal Possession of a Controlled Substance with the Intent to Sell
- Criminal Sale of a Controlled Substance
- Criminal Possession of Marijuana
- Criminal Possession of Drug Paraphernalia
The severity of the possible sentence for drug charges often boils down the type of illegal drug at issue and the weight of the alleged illegal drug. A seasoned criminal defense attorney must know the manners in which these drugs are tested to determine weight and type so that they may be challenged properly in court. The attorneys at Schalk, Ciaccio & Kahn all have years of experience as both one time prosecutors of drug cases and defenders of these cases to yield a result that clients seek.
Another important aspect to drug cases is the manner in which law enforcement searches and finds the alleged drugs. Most often drugs are recovered during a vehicle stop, from a criminal defendant’s person and/or via a search warrant. All of these manners of recovery pose significant legal questions and the right defense attorney must know the proper police protocol to be followed as well as be up to date on the ever changing legal landscape when it comes to searches. Our attorneys have successfully litigated numerous cases at the pre-trial hearing stage where the court has suppressed the recovery of drugs leading to the dismissal of charges against the clients.
Criminal convictions of any kind can permanently change a person’s life forever. It is imperative to have the proper representation when your future is on the line. Recent changes in legislation have created drugs courts throughout New York which can allow a criminally accused defendant to avail him or herself of drug treatment programs that might result in the total dismissal or reduction of the charges to prevent a criminal record. Having an attorney thoroughly familiar with the current laws and available programs can be the difference in having a criminal record and no criminal record. The criminal defense attorneys at Schalk, Ciaccio and Kahn appear regularly in these drug courts throughout Long Island and the Five Boroughs and have routinely petitioned the District Attorneys and Courts to allow their clients to participate in these programs so that they are not permanently branded with a criminal conviction.
