What Happens When You Get Arrested for Drug Charges in NY?

Although New York drug possession laws divide controlled-substance and marijuana-related offenses into several separate groups, the elements of the offenses are essentially the same. If a police officer sees a person has drugs in your possession, they will be arrested and transported to jail. If your significant other, friend, or family member is one of these people, you may be wondering if it’s possible to bail them out. Often, it is. A drug arrest is often the turning point in getting someone into a much-need rehab facility, and getting your loved one out of jail very quickly is crucial towards this. If the charge is unfounded, it is exceptionally important to get bailed out and bring in a defense attorney to fight the charges. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt, that:

1. The substance was a controlled substance

2. The defendant possessed the substance

3. His or her possession was knowing

4. The possession was unlawful.

The defendant’s possession of the illegal drug may be physical or it can also be “constructive.” This applies to an instance where the defendant had control over the person or place where the drugs were found. Constructive possession can be proved even if the defendant is not physically present at the time the drugs are found, like in the trunk of their car parked in a parking lot or in their jacket left on a chair.

No one expects to be arrested for a drug charge, yet is happens to countless people every day. Contact Upstate Bails and tell us about your case so we can help. We have the experience to deal with the complicated and sometimes embarrassing nature of drug-related offenses. That is why we work 24/7; meaning you won’t be waiting for Monday morning if you bring us in to help. We offer payment plans so no matter what your bail is, you can fit it into your budget. To reach us, fill the form on this page and we will contact you shortly. For emergencies, please call 716-601-8668.