Facing Drug Charges? Lawyer James Egan Has Your Back.
If you’re facing drug-related accusations, you need a defense that’s as relentless as the prosecution. Attorney James Egan offers an aggressive, knowledgeable and strategic approach to your criminal defense.
With over 15 years of experience and a history as a former prosecutor, attorney Egan has managed thousands of cases. He has been named among the Top 10 Criminal Defense Attorneys for Rochester in 2024 by TrustAnalytica. His experience is not just in the courtroom; he also shapes future legal minds as a criminal law teacher at SUNY Brockport.
Understanding Drug Offenses In New York
In New York, drug charges can vary widely. Each comes with its own set of legal challenges. Common charges that attorney Egan handles include:
- Possession – Knowingly possessing a controlled substance.
- Intent to distribute – Possessing with the purpose of selling or distributing.
- Trafficking – Illegally selling, transporting or importing controlled substances.
State Vs. Federal Drug Crimes
Many people don’t realize that they can face drug charges at the state or federal level – or sometimes, both. Whether your offense is state or federal can influence the severity of the charges and the harshness of the penalties. Federal crimes often carry harsher penalties with mandatory minimum prison sentences. Working with a lawyer who understands the specific charges you’re facing is crucial in building a robust defense strategy.
Potential Penalties For A Drug Conviction
Consequences for a drug conviction can result in hefty fines, probation, mandatory treatment programs and imprisonment, depending on the charges. Penalties often escalate with the amount and type of substance involved. The stakes are high, making it critical to have a skilled lawyer in your corner.
Potential Avenues For A Strong Defense Against Drug Crimes
It’s a grave misstep to assume that the prosecution has a slam-dunk case. You may have many potential defenses available to you, including:
- Unlawful search and seizure: You may have grounds to challenge the legality of how evidence was obtained, including the legal basis for the traffic stop or search.
- Lack of intent: You might not have had the requisite intent for the specific charge – for example, knowledge or intent to distribute.
- Constitutional violations: Breaches of your constitutional rights may warrant suppression of evidence or even dismissal of the charges.
- Insufficient evidence: The prosecution is required to prove your case beyond a reasonable doubt, and gaps in the evidence may prevent them from doing so.
Attorney Egan has a thorough understanding of the potential defenses to drug charges, and he can pinpoint the strongest angle in your case.
FAQs About Drug Charges In New York
To ensure you are well-informed about your case, below we answer some of the most common questions about drug-related offenses and penalties.
What are the different types of drug charges I could face if I am found with illegal drugs in New York?
Like most states, numerous drug-related charges can arise in New York, covering a wide range of offenses. Examples of common drug-related charges include:
● Possession: Having illegal drugs or controlled substances on your person, in your home or in your vehicle
● Intent to distribute: Possessing substances and evidence indicating sale or distribution activities
● Trafficking: Transporting, selling or importing drugs across state or national borders
● Prescription drug fraud: Illegally obtaining prescription medications through methods such as forgery, doctor shopping or theft
Each type of charge comes with unique challenges and penalties. Understanding the specific charge you face and seeking legal help can help you take wise legal steps.
What are the sentences for drug crimes?
The penalties for drug crimes in New York can range from relatively minor consequences to severe punishments. Sentencing depends on factors such as the type and amount of the substance involved, as well as the nature of the offense. Common consequences include:
● Fines
● Probation
● Mandatory treatment programs
● Imprisonment
Sentences are designed to reflect the severity of the crime, but mitigating factors, such as treatment participation or first-time offender status, may influence the outcome.
What are the possible defenses for a drug crime charge?
Even when facing serious charges, there are often several defense options available. A strong defense can make a significant difference in the outcome of your case. Potential defenses include:
● Unlawful search and seizure
● Lack of intent
● Insufficient evidence
● Constitutional violations
These defenses aim to challenge the prosecution’s case and protect your rights. Each situation is unique, so evaluating the details of your case with an experienced lawyer is critical in identifying a viable defense tactic.
What drug charges are eligible for drug treatment court in New York?
Drug Treatment Court offers individuals with substance-related charges a chance to address their dependency while avoiding traditional criminal penalties. Charges that may qualify include:
● Simple possession of controlled substances
● Nonviolent offenses directly related to substance use or dependency
Participants must comply with treatment plans and court-mandated supervision. Successful completion of the program often results in reduced charges or alternative sentencing.
Start Working With An Aggressive Ally For Your Defense
Attorney Egan will take the time to help you fully understand your situation. From there, you’ll be able to make an informed decision regarding your choices.
Reach out to James Egan Law today at 585-510-5101 for a personal, determined defense that prioritizes your freedom and future.