Is a Drug Possession Charge Eligible for Bail?

What Steps Should I Take After Being Charged with a Drug Possession Offense in New York?

In the State of New York, drug possession is one of the most common criminal charges. This does not mean a drug possession charge isn’t serious. On the contrary, drug possession charges can be incredibly serious, to the extent that the potential consequences could absolutely derail and even destroy a person’s life. These include but are not limited to extremely steep fines and long prison sentences.

However, the fact that drug possession charges are quite common does mean that there are extremely seasoned, experienced attorneys who know exactly what to do if a client is charged with drug possession.

First thing’s first: call an attorney as soon as possible. New York has very severe sentencing laws for drug possession, and going up against them unrepresented or under-represented can be incredibly dangerous. If you have been charged with a drug possession offense in New York, your first priority should be calling an attorney as soon as you possibly can. The sooner an attorney is involved in your defense, the more they can do for you, and the better off you will be. Beyond that, there are several essential steps you can take to keep yourself protected until your attorney arrives.

• Do Not Talk to the Police. You have the constitutional right not to talk to the police unless your attorney is present. Even if you have already been arrested and charged, you do not have to say anything to anyone. Under no circumstances should you speak to the police or give them any additional information beyond calmly, politely, but firmly asking for your attorney. Anything you say to them can be used to harm you. Even if you believe you are helping your own case, it is always in your best interest not to speak to the police in a drug case until your attorney is present.

• Don’t Take Any Deals: After charging someone with drug possession, the police will sometimes claim to offer deals on the condition that you accept right away. They may make these deals sound enticing, and like they will allow you to get off scott-free so long as you just sign what they want you to sign. These “deals” are almost always deceptive and are just as often disastrous for people facing drug charges. Signing off on this sort of deal without consulting with your attorney may completely destroy your case and land you in prison.

• Do Not Discuss Your Case or Charges with Anyone Before Talking to Your Attorney: All communications can and will be monitored in the direct aftermath of being charged with possession. The authorities and the DA will specifically be looking for evidence that you are guilty of or linked to the possession charge. Though you may be anxious or scared, do not call, text, or message anyone until you can speak to your attorney.

• Stay Off of Social Media: It cannot be stressed enough how important it is to refrain from posting anything about your charges on social media. This involves vague allusions or anything you think other people may not pick up on. Anything and everything you say on social media can be admitted as evidence and used against you. It is actually advisable to stay off of social media altogether until you are able to speak with your attorney.

Following those steps between being charged and seeing your attorney can make the difference between moving on from drug charges and having drug charges absolutely destroy your life. The same can be said about choosing the right attorney. If you have been charged with drug possession, you want someone experienced, knowledgeable, and tenacious on your side to help you fight those charges.

In White Plains, NY and the surrounding areas, that drug possession defense attorney is Michael Kramer. Attorney Kramer has years of experience defending clients against all manner of drug charges, including drug possession. He knows the system, and he knows how to guide his clients through it toward the best possible outcome in their cases. Don’t wait. If you’re facing drug charges, the sooner you reach out, the sooner Attorney Kramer can help. Call (914) 709-7161 for a free consultation today.

2. Assuming you can “plea bargain” and walk away within minimal consequences after a first-time arrest.
   Some people unfamiliar with the courts might place too much faith in the “plea bargain.” Widely misunderstood, the plea-bargain is not simply a chance to ask the judge to “cut you a deal.” Not everyone is entitled to a plea bargain. Depending on the charge, the prosecutor, the judge, the circumstances of your case, and criminal and personal background, your lawyer may be able to arrange for you to plead guilty to reduced charges.
3. Failing to exercise proper caution and common sense on social media.
   The Internet is not anonymous, and it is not private. It never has been and it probably never will be. You must be careful about what you post online. If you’ve been charged with possession of marijuana, and your Facebook or Instagram pages are loaded with pictures of pot and paraphernalia, 4/20 references, and smoke-ring selfies, the prosecution will find these, and will present them in court as evidence if they deem it necessary.

Perhaps surprisingly, many people also incriminate themselves on forums designed for those seeking legal advice to ask questions of attorneys. These can be a useful resource, but some people share too much, and the sites are not anonymous or secure. They are plastered with disclaimers to that effect. You must not share personal information on these sites. While they are largely benign, if you’re seeking legal advice, you’d be better off calling the office of a trusted criminal attorney in NYC.

Interviewer: Is there a typical bail range for possession cases?

Mike Kramer: It is totally up to the individual judge. Most importantly it depends on whether you are charged with misdemeanor of felony possession. If a misdemeanor you will probably be released on an appearance ticket with at most a small bail. However if you are arrested for a drug felony you will be brought before a judge immediately, whether day or night, you will usually appear alone, without your attorney or the district attorney and a higher bail will be set.

A Felony Charge May Entail Remaining in Jail for 24 to 48 Hours before the Judge Sets Bail

For example, if you’re charged with a felony, the judge is much more apt to say, “Well, I’m going to hold him until the next scheduled court appearance when the judge has it’s criminal calendar,” which could be a day or two away and you spend a day or two in jail.

When it comes to those felony arraignments, where counsel is not present the judge unfairly gets input from the district attorney who’s on duty that night as to what the district attorney is requesting with regard to bail. Because your attorney is not likely to be present, no one will speak on your behalf

Will the Police Add Additional Charges along with the Drug Possession Charge?

Interviewer: Do police usually charge additional charges with drug possession, such as for paraphernalia?
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Most Drug Arrests Result from a Police Stop for a Traffic Infraction

Mike Kramer: It depends upon the individual circumstances. The majority of drug arrests result from from stops of automobiles for a traffic infraction. The police conduct a search of a vehicle and find contrabands, such as drugs and then they usually say they say it was in plain view on the floor or on the console and the arrest occurs that way.

You’re charged with driving while impaired with drug as well as possession of drugs in the vehicle. If you are a drug addict and you have paraphernalia along with the drugs, obviously, you can be charged with that. But if there is circumstantial evidence present of selling or distribution such as many small packets or a scale for example, then you will probably be facing a felony arrest

Are Many Drug-Related Charges Attributed to Prescription Drugs?

Interviewer: Are many drug-related charges attributed to prescription drugs?

Mike Kramer: A good amount because it usually becomes a natural problem. The average citizen who is going to possess drugs is usually going to be abusing prescription drugs or he’s going to purchase small amounts of marijuana.

Forging Prescriptions Is Illegal

The hardcore drug dealers are going to possess much more serious drugs but the prescription drugs are a problem. It usually results in additional charges such as forgery or criminal impersonation. There are a good number of these cases in Westchester County but they’re often treated quite leniently.