Drug Possession - NY state

This is a discussion on Drug Possession - NY state within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; My loved one was arrested for drug possession (NY first time) and offered outpatient drug rehab to attend 5 times per week until the counseling center deemed necessary. Of course ...

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  1. #1
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    Drug Possession - NY state

    My loved one was arrested for drug possession (NY first time) and offered outpatient drug rehab to attend 5 times per week until the counseling center deemed necessary.

    Of course after 6 months they had a relapse and stopped attending and now they are calling me scared to go to their scheduled court hearing for fear that they will lock them up.

    I am not sure but does anyone know what happens in this type of case. The amount on their person was not a large enough amount to be charged with besides possession of illegal narcotics. I am not looking to rescue them but it would be good to stay informed. Thank you in advance


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    Likely, they will be sentenced for their crime/finish the term. If they do not turn themselves in, they could also potentially be charged with escape from probation.

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    He should consult with a local criminal law attorney, or a public defender if he was assigned one.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    Here is the best way to handle your case in my opinion: First, I would find an older criminal defense attorney with established local connections like a retired Judge or former prosecutor who now is in private practice. Secondly, get this person back into rehab PRIOR to going to court (shows remorse and good intentions). Thirdly, get involved and show this person you love them and are more than willing to help them. Be firm but careing.

    Lastly, I don't know for sure but believe the judge has broad discretion in these cases (strict NY drug laws under the former Rockefeller administration have been greatly broadened as of late). Therefore, gather a bunch of influential character witnesses who will attest to this person's GOOD character (other than their addiction).

    I would think that a combination of the above will give this person the best chance of avoiding incarceration. I personally know of a similar case in NY where the defendant's sentence was reduced to X time in drug rehab. This person is now doing great and is a productive young citizen. Good Luck!

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    Drug Possession (NY first time)

    Quote Originally Posted by Cahoonzie View Post
    Here is the best way to handle your case in my opinion: First, I would find an older criminal defense attorney with established local connections like a retired Judge or former prosecutor who now is in private practice. Secondly, get this person back into rehab PRIOR to going to court (shows remorse and good intentions). Thirdly, get involved and show this person you love them and are more than willing to help them. Be firm but careing.

    Lastly, I don't know for sure but believe the judge has broad discretion in these cases (strict NY drug laws under the former Rockefeller administration have been greatly broadened as of late). Therefore, gather a bunch of influential character witnesses who will attest to this person's GOOD character (other than their addiction).

    I would think that a combination of the above will give this person the best chance of avoiding incarceration. I personally know of a similar case in NY where the defendant's sentence was reduced to X time in drug rehab. This person is now doing great and is a productive young citizen. Good Luck!

    I will relay the information and appreciate your taking the time to respond. I am sending a text right now saying if they don't get into rehab or back to their outpatient treatment, they are going to jail for 6 months. This is what they were told originally. Not sure that it will make a difference in their diseased mind.


 

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