NYC Desk Appearance Ticket Attorneys

Drug Possession (PL 220.03)

Click here to learn more about Desk Appearance Tickets, generally.

 

Possession of a small amount of drugs is generally charged as Criminal Possession of a Controlled Substance in the Seventh Degree under PL 220.03. This charge is a Class A misdemeanor and applies to a wide variety of controlled substances (but not marijuana, that is a separate charge), including, but not limited to, cocaine, heroin, ecstasy (MDMA), molly (methylone), methamphetamine, and prescription drugs like oxycodone.

 

These cases can frequently be defended against on search and seizure grounds; if the police did not have probable cause to search you or your car or your purse or bag where the drugs were recovered, then you might be able to win a hearing and have the drugs excluded as evidence from the trial. We have defended many cases in which the search resulting in the discovery of drugs was actually performed by security personnel at a nightclub (such as a bouncer at the door). These types of searches do not usually implicate constitutional protections, meaning that those individuals do not have to have probable cause to search someone seeking to enter the private nightclub. 

 

Possession in these cases should not be confused with ownership. There are provisions in the law that allow law enforcement to arrest (and even convict) multiple individuals for possessing the same small quantity of drugs under the presumption that everyone in a room or in a vehicle containing drugs is aware of and jointly in possession of those drugs. Put another way, if you are found riding in a car or sitting in a room with drugs, you will have to prove that you were unaware that there were drugs in that room or car to avoid conviction. 

 

Oftentimes, people get Desk Appearance Tickets for possessing prescription drugs for which they actually have prescriptions; we have been successful in having those types of charges dismissed in the past by presenting proof of the actual physicians’ prescriptions.

 

The maximum legal penalty for a conviction of this charge is one year in prison. One can also be sentenced to three years of probation. More typical results for these cases for first time offenders include non-criminal dispositions with drug treatment programs or community service. However, there a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  

 

Notably, if you are a non-citizen, a conviction for this crime can be classified as a “controlled substance offense” that might have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

The potential penalties from this Desk Appearance Ticket:

Up to 1 year in jail.

Up to 3 years of probation.

Fines up to $2,000.

Community service.

Rehabilitation programs

Immigration consequences including deportation.

Employment problems.

Consequences for aspiring university students and graduate students, as well as those seeking financial assistance.