Allegations of drug distribution are serious matters. Even for the smallest amounts of drugs, a conviction under New York State’s Penal Code is a felony that can carry a multiple-year prison sentence.
Making matters worse, in cases like this the prosecutor does not need to prove that a person was actually selling drugs to secure a conviction. Evidence that the individual was preparing to or intending to sell substances is enough.
With these life-changing consequences on the line, you need to take aggressive steps to protect yourself when charged with a crime. Hiring an Islip drug distribution lawyer like Mike Schillinger can be a great start.
Our seasoned drug attorneys ensure that people’s constitutional rights are protected, that the prosecution’s evidence does not go unchallenged, and that we present a defense that creates reasonable doubt for the jury. We fight for our clients every step of the way, from the arraignment, all the way to trial.
Which Laws Prohibit Drug Distribution?
New York State’s laws prohibiting drug distribution are in the same set of statutes that prohibit other illegal drug activity. When you’ve been charged with illegal drug possession, it can be confusing, especially when the police state you are under arrest for drug distribution.
New York Penal Code § 220.06 controls drug distribution offenses in New York State. This statute classifies it is a Class D felony for any person to possess a controlled substance with the intent to sell it. It is important to note that the statute does not say a person needs to actually sell the drug. The intent alone is sufficient to warrant a conviction under this subdivision. Mike Schillinger, an Islip drug distribution attorney, can discuss this further during a consultation.
For people who are caught selling drugs, the potential penalties are more severe. New York Penal Code § 220.31 establishes the offense of criminal sale of a controlled substance in the fifth degree. It’s important to know that “selling” drugs is not just exchanging them for money, but can also include giving the drugs to someone, or exchanging them for non-monetary goods or services. Courts treat this allegation as a Class D felony. However, the type and amount of drug can impact the potential penalties. Any person caught selling a narcotic is charged with a Class B felony, and the harshest versions of this crime are Class A-1 felonies. This applies to sales of at least two ounces of narcotics.
How Can the Prosecutor Prove an Intent to Sell?
Many drug distribution cases are complex. Rarely is a person caught in the act of selling drugs. Oftentimes, the police track the drugs back to an alleged source and must then use circumstantial evidence to apply for search warrants and make an arrest. This evidence can include:
- Whether the drugs were separated into smaller packages
- The amount of the drug found in a person’s possession
- Large quantities of cash
- Customer ledgers
- Measuring tools
- Phone records
- Firearms
To effectively defend cases where the prosecutor lacks evidence of a direct sale, we must prepare to dispute the search warrants that led to the collection of evidence. Sometimes invalidating a search warrant by challenging the grounds it was issued on allows us to potentially suppress physical evidence and keep the District Attorney’s Office from using it against you at trial. Mike Schillinger is an Islip Criminal Defense Attorney for Drug Distribution who can help you argue that the warrant should never have been granted, therefore causing the evidence gathered to be excluded.
Speak With an Islip Drug Distribution Attorney Today
People who are facing allegations of illegal drug distribution need to take steps to protect themselves. Convictions of even the intent to sell drugs are serious and will label a person as a felon. In situations where an individual is accused of actually selling drugs, a conviction can result in a mandatory prison sentence.
An Islip drug distribution lawyer could prevent this from happening. We examine every portion of the State’s case, from witness statements that describe sales to the legality of the police work that led to the arrest. Every stage of the case is critical. Contact us to let our attorney Michael Schillinger get to work immediately to help you.
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