New York Criminal Lawyer Blog
In New York, drug crimes are prosecuted according to the specifics of the case. Each case is determined on the merit of the totality of the circumstances. A New York Lawyer said issues such as the type of drug, amount of the drug, and whether or not a weapon was involved are considered when determining the severity of the offense. In New York, the courts also consider if the person is a drug addict, or a person who is involved in the sale and distribution of a narcotic drug. There are several actions that are available to assist a person who is convicted in New York of a drug offense if they can demonstrate that they are driven by a compulsion because of addiction to the drug. On the other hand, if the person is not an addict, but a dealer at any level of a criminal conspiracy to sell drugs, they are punished more severely
Another issue of relevance in a drug offense in New York, depends on the actions of the person engaged in the illegal conspiracy to sell drugs. A person becomes an agent of a dealer or purchaser of narcotic drugs when they actively take part in either the distribution or procurement of the illegal substance. In New York, the statute establishes a rule that anyone who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance.
In one case, an undercover police officer was assigned to infiltrate the drug underworld in a certain area and make arrests based on the evidence that he uncovered. He began going to bars in the neighborhood, and eventually noticed that one particular man kept showing up. The undercover officer befriended the man and eventually asked him where he could purchase some narcotics. A New York Criminal Lawyer said the man stated that he knew where some narcotics could be procured, and he estimated the cost of four ounces of the narcotics would cost about three to four thousand dollars. The undercover officer stated that he was interested and the two men exchanged phone numbers.
The undercover officer attempted to follow up on the deal after the conversation, but was unable to contact the man for two months. After two months, he made contact with the man and again told him that he wanted to purchase four ounces of narcotics. The man told him that he would have to make some calls and that he would call him back. He called him back and told him that they would have to go to a particular bar and meet another man. They agreed to meet that night and go to the bar. When they arrived at the bar, the man told the undercover officer to wait for him at a table upstairs. A New York Drug Crime Lawyer said from his table upstairs, the undercover officer was able to observe the man meet with the other man and take a bag from him in exchange for the money. When the man brought the narcotics to him, he arrested him for criminal sale of narcotics.
When the case came to court, the officer was asked to explain why he had charged the man with the sale of the narcotics when he had merely acted as an agent for the sale. In fact, it was pointed out that the man had not approached the officer at all, the officer had approached the man with the inquiry about purchasing the drugs. A New York Sex Crimes Lawyer said then, unlike a normal drug dealer, it had taken the officer a full two months to reach the man to initiate the sale. The man had to phone around and then called him back to meet the dealer at the bar. In light of these circumstances, the charges were reduced to possession of the narcotics and the charges related to the sale of narcotics was dismissed.
At Stephen Bilkis & Associates with its drug Lawyers there are convenient offices throughout New York State and Metropolitan area. Our criminal Attorneys can provide you with advice to guide you through difficult situations. Hiring a narcotic sale attorney can prevent you from losing precious time with your family.