New York Criminal Lawyer Blog
No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring
Drug dealing or drug sales charges are criminal charges for the sale or attempted sale of any type of illegal controlled substance, such as marijuana, cocaine, heroin, or meth. State laws sometimes refer to drug selling as “possession with the intent to distribute.” Drug dealing or selling is more limited than drug trafficking, which includes any part in the chain of the making, transporting, and selling of drugs.
Generally, the penalties for drug dealing are determined by the type of drug sold, the amount of the drug that was sold, and the number of prior offenses of the defendant, if any. In some cases, even if a person didn’t intend to sell drugs, they will be presumed to be selling if they have over a certain amount of the drug in their possession.
The United States has the world’s biggest prison population because of its draconian drugs laws. While there is a movement to reform the harsh penalties associated with the country’s narcotic laws, police and prosecutors throughout the country are as aggressive as ever in enforcing them. New York is no different. New York’s drug laws are not only harsh, but they are difficult to understand. If a person finds himself accused of a drug crime in the courts of New York, the decision of whom the person chooses to represent him is probably the most important one he will make. The wrong lawyer can lead to a lengthy prison sentence, deportation, or loss of potential income.
To the likely chagrin of the hard partying summer crowd, Suffolk County District Attorney is already cracking down on the “fun” before the season has even started. District Attorney has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including “google,” “black ice,” “quicksand” and “privilege.”
Under New York law, the substances that are “controlled” are listed in New York Public Health Law Article 33. So if a substance is on that list, it is a “controlled substance.” All of the drugs that are commonly known as being illegal, like heroin, cocaine, LSD, etc, are on this list. Public Health Law 33 also delineates that some “controlled substances” are considered “narcotics.” To put it very basically, under New York law, a “narcotic” is defined as either cocaine or heroin or a chemical derivative of either. Whether a controlled substance is classified as a narcotic is significant because the particular sanctions can be greater for possessing or selling a narcotic in certain contexts. For example, if a person sells LSD to someone else, he is guilty of Criminal Sale of a Controlled Substance in the Fifth Degree, whereas if he sells heroin to someone else, he is guilty of Criminal Sale of a Controlled Substance in Third Degree. The maximum period of incarceration for a first-arrest LSD sale is 30 months in prison. However, the maximum period of incarceration for a first-arrest heroin sale is nine years in prison. When it comes to simple possession, the legal significance is the same. Both narcotics and controlled substances are class A misdemeanors punishable by up to one year in jail.
According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of the defendant t when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, defendant was displaying his best. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.
In addition to the narcotics, it is alleged that defendant’s home was littered with money. Whether defendant had time to make it to the bank is unknown as police allegedly recovered $73,000 in numerous places including a pair of pants that he was not wearing. The police also found $90,000 in defendant’s safe. Completing the trifecta, it is alleged that counterfeit money was recovered from a purse. It is alleged that a total of $173,000 in cash as well as 4000 bags of heroin were recovered throughout the day’s arrests.
If you are facing drug related cases, seek the help of a New York Criminal Attorney and New York Drug Crime Attorney at Stephen Bilkis and Associates.