In either a New York drug-possession case or a New York Gun Possession case seeking suppression of the contraband can often be a defendant’s best defense. Earlier this month, a state appellate court issued an opinion in which the court reversed the defendant’s drug conviction, finding that the police did…
Earlier this month, a state appellate court issued an opinion in a New York drug possession case, reversing a lower court’s decision to deny the defendant’s motion to suppress and holding that the prosecution failed to meet its burden to establish that the defendant’s arrest was legal. In so holding, the…
Lawyers experienced with drug cases often seek to suppress the drugs recovered by the police based upon a violation of the client’s right to not be subjected to unreasonable searches. As a general matter, the Fourth Amendment to the United States Constitution, as well as Article I section 12 of…
The highest state court in New York recently issued an opinion discussing whether the prosecution can offer evidence of a defendant’s prior drug sale conviction in their direct case in instances in which the defendant is asserting an agency-based defense that is supported entirely by parts of the prosecution’s case-in-chief. The…
Tilem & Associates, won a major victory after a Judge in Nassau County ordered that all evidence be suppressed in a Marihuana and Patronizing a Prostitute case. The evidence that was suppressed included both written and oral confessions as well as about a pound of Marihuana, a scale, grinder, baggies…
As discussed in our previous blog the Greenburgh Drug Court was so out of control that Court officials eventually had to transfer all of the cases out of the Court to protect the rights of those participating in its Drug Court. As it turns out, Drug Courts in general have…
In New York, one is guilty of criminal possession of marihuana in the fourth degree when they knowingly and unlawfully possess one or more preparations, mixtures, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate (total) weight of more than two ounces.…
In New York, it is illegal to possess marijuana (spelled marihuana in the New York State Penal Law) in a public place while it is either, burning or open to public view. The charge is Criminal Possession of Marihuana in the Fifth Degree – a Class B misdemeanor. [NY Penal…
Having an experienced New York drug attorney is essential to getting the best possible outcome for your drug charge. Experienced criminal defense lawyers that know how to fight drug cases know that there are substantial differences in the way Marijuana cases are treated (spelled Marihuana in the the New York…
Possession of 25 grams or less of marihuana in New York is generally not a criminal offense. [PL 221.05]. Therefore, simple possession of an unlit “joint” or a “nickel or dime” bag in New York is generally only charged as the violation – Unlawful Possession of Marihuana. One can be…