Possessing, selling, trafficking and manufacturing controlled substances are all serious criminal offenses. Whether the drug is marijuana, crack, cocaine, crystal meth, ecstasy, heroin or an illegal prescription, the laws in Albany and New York State provide for harsh fines and penalties when an individual is convicted of a drug charge. If you have been charged with possession, distribution or other similar crimes, you need to have a dedicated Albany drug crime lawyer on your side who knows the law and how to best protect your rights at each step of the legal process.
James E. Tyner possesses years of experience fighting for clients who have been charged with drug-related offenses. James E. Tyner understands that dealing with a drug charge is a very serious matter and he is well aware of the devastating effects that a drug conviction can have on your life and the lives of the people around you. He defends throughout Albany, NY and surrounding areas in narcotics cases encompassing all types of controlled substances, including matters involving:
One of the most common criminal offenses that my firm handles is the possession of marijuana. Despite changing legislation in a number of states, marijuana is still considered to be an illegal drug at the federal level and the possession of marijuana in Albany and surrounding areas can still result in an arrest. Beyond potential jail time and monetary penalties, a conviction for possessing marijuana or any other illegal drug can have serious collateral consequences, including jeopardizing an individual’s professional license or making an individual ineligible to receive financial aid for college. With so much at risk, it is critical to seek the advice and representation of a competent Albany drug crime lawyer who can build a powerful defense on your behalf.
James E. Tyner is a skilled trial attorney committed to achieving the best possible results in every case that he defends. The Law Office of James E. Tyner, PLLC limits its legal practice to defending clients throughout Albany and surrounding areas in state and federal criminal matters.
Whether the crime involves possessing marijuana or international narcotics trafficking, The Law Office of James E. Tyner, PLLC will investigate every detail of your case. My office will gather and analyze information from police reports, drug test results, witness statements and witness interviews. I know what the law requires of law enforcement officials and that the outcome of your case is likely to turn upon the search & seizure tactics used in connection with your arrest. When you hire my firm for drug crime defense, I will review the warrants and evidence in your case with a fine-toothed comb and if I find a mistake, I will file a motion to dismiss the charges and fight to suppress all unlawfully seized evidence.
No, you do not have to speak with police after being arrested for a drug crime. When an individual is arrested, police are required to notify him or her of their rights. This is known as the Miranda warning. Among the rights specified in the Miranda warning include the right to remain silent. This means that arrestees can refuse to answer any and all questions asked by police officers or other officials. Contact a drug crime attorney as soon as you are able to do so. Your lawyer will be present during a police interrogation and can advise you on how to answer questions – and which questions you can choose not to answer.
After you are arrested for a drug-related offense, it is important to take note of everything that transpired. For example, were your Miranda rights read to you? Were you coerced into answering questions? Did the arresting officers use excessive force? Next, contact an attorney with experience handling drug crimes in Albany. Your lawyer will review the details of the arrest and determine the best approach for your legal defense.
The laws for searching homes and cars are different. Unless you give them permission, police officers must obtain a warrant to search your home. However, vehicles are an exception. If police have probable cause to search your vehicle, they may do so. That being said, if you believe you were the victim of an unlawful search and arrest, it is important to speak with a criminal defense attorney as soon as possible who can look into the situation and explain your rights. If your privacy has been violated, any evidence that was uncovered during an unlawful search and seizure may be overturned in court.
Individuals can be arrested for both drug possession and sales. In Albany, and throughout the entire state of New York, the term “drug” can refer to any controlled dangerous substance (CDS), such as marijuana, cocaine, methamphetamines, opiates, and other narcotics. However, unlike other many other states, New York also considers the compounds that go into the manufacturing of drugs as CDS. As a result, individuals can also be arrested for the possession or distribution of these compounds, such as THC oil (a chemical found in marijuana).
However, it is important to note that New York has recently enacted a new policy for marijuana arrests. Those caught smoking marijuana in public will no longer be subject to arrest (aside from some exceptions). The purpose of the new law is to reduce the number of marijuana arrests, as most do not impact public safety.
Penalties for drug possession can vary, depending on the type of drug, how many prior offenses the individual has, and how much of the substance is found in their possession. Penalties can include either a fine or incarceration (oftentimes both). Drug possession crimes are divided into misdemeanors and felonies.
A misdemeanor drug offense carries fewer penalties than a felony drug offense. A misdemeanor drug possession charge is imposed when an individual is found with a relatively minor amount of substance, such as for individual use only. Misdemeanor drug charges can lead to a fine of up to $1,000 and/or a maximum of up to one year in prison.
Felony drug penalties are much more severe. There are several classifications for felony drug possession, each of which carries a different level of punishment. Felonies can range from Class D (the most minor) to Class A-1 (the most severe). For example, a fine for a Class D felony drug charge can reach up to $5,000, while the fine for a Class A-1 drug charge can total up to $100,000. Incarceration periods can range from a maximum of seven years for a Class A-1 felony to up to 25 years for a Class D crime.
If you are caught possessing prescription medication without an actual prescription, you may incur criminal drug possession charges. There is also a possibility of being charged with “intent to sell”. Those who are accused of attempting to sell prescription drugs should turn to an attorney right away for assistance. Many times, individuals accused of prescription drug crimes do, in fact, have a valid prescription but did not have it with them at the time of arrest.
Drug sale and trafficking charges typically result in more serious consequences than those regarding drug possession. As with drug possession offenses, the penalties that may be imposed are dependent on the type of substance as well as the amount. For example, the sale of marijuana (between 2-25 grams) can result in a misdemeanor conviction. However, the sale of an ounce or more of cocaine (or crack) can be charged as a Class A-II felony. Trafficking charges often result in the most severe penalties out of all drug crimes. Not only can trafficking controlled substances lead to thousands of dollars in fines and a Class A-1 felony conviction, the offense can also be charged as a federal crime, which may lead to a lifetime prison sentence.
While the state of New York doesn’t generally allow individuals who are convicted of either a misdemeanor or a felony to have their records expunged, drug crimes are an exception. Certain drug possession charges can be expunged, provided the individual receives treatment. Since each situation is unique, it is in every individual’s best interest to consult an experienced Albany drug lawyer to determine whether or not a particular crime can be expunged.
Drug crimes carry hefty fines and often result in prison time, even for first-time offenders. However, having an experienced attorney on your side can drastically improve the chances of the charges being reduced or even completely thrown out. If you or someone you know was arrested for possession or sale of controlled substances, contact an Albany drug crimes attorney today to discuss your case and determine the best possible course of action to take.
If you are facing drug charges, an experienced Albany drug crime lawyer at The Law Office of James E. Tyner, PLLC can help develop a strong defense strategy. Please contact my office today for a free consultation at 518-783-3800 or email me directly.
I have hired James Tyner to assist me with a few speeding tickets in New York State. I paid Mr. Tyner an affordable flat rate fee and I never had to appear in Court, thus not missing any time from work or school. Mr. Tyner was able to negotiate my speeding tickets down to parking tickets and I was able to keep my license clean. I highly recommend Mr. Tyner's office. He and his staff respond quickly to emails/calls, and I was always provided updates in my cases promptly.
Posted by: Eric Buckley