If you were recently pulled over by police and they found drugs inside your car, you might be wondering what’s going to happen next. The answer depends on a number of factors, including the type of drugs found, why you were pulled over, and your driving record.
If you were pulled over in Westchester, New York, and the police found drugs in your car, get in touch with Darren DeUrso, Attorney at Law. With Darren on your side, you don’t have to stress out about excessive fines and penalties. Don’t hesitate to get in touch today.
New York’s laws on drug possession
If you get pulled over and the police find drugs or drug paraphernalia, saying that it’s not yours usually won’t work. Anything illegal in your car is going to be presumed to be yours.
The state of New York is quite clear on what it considers to be drug paraphernalia.
Under criminal code 220.50 “diluents, dilutants, adulterants, mixing compounds commonly used to make narcotics, gelatin capsules, glassine envelopes, vials, other materials commonly used to package drugs, scales, balances, and other utensils designed to measure or make drugs” are all considered “paraphernalia.”
The Empire State also differentiates between all the different drugs. For example, getting caught with a small amount of marijuana might only lead to a misdemeanor charge, whereas a being found with crack cocaine can be an A-1 Class Felony.
Additionally, the amount of drugs discovered impacts your situation. A small amount of drugs that are clearly for personal use may only be a Class C Felony, whereas multiple ounces of drugs bagged up and ready for distribution will likely lead to a Class A Felony.
Getting an ACD
An ACD, which means “adjournment and contemplation of dismissal,’ can be negotiated by a qualified lawyer if it’s your first offense. Being hit with an ACD means that instead of facing criminal charges, you basically have to meet certain conditions set by a judge and stay out of trouble for 6 months. Should you make it through the 6 months without committing any crimes or violating your conditions, your drug possession charge can be dismissed and erased from your record. This is what you want to shoot for if it’s your first time in trouble.
Getting your license suspended or facing small fines may be inevitable, but what you really want to avoid is jail time and large monetary penalties. Even a small amount of crack, methamphetamines, heroin, or other hard drugs can result in a decade in jail or hundreds of thousands of dollars worth of fines.
To avoid these sorts of penalties, get in touch with Darren DeUrso’s firm today. He can assess your situation for you and find a way to properly defend you.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601
Phone: (914) 772-8614