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How can I be charged with possession when someone in another room of the house gave the police 10 bags of heroine and I did not use or possess heroin?

This legal question related to Attorneys & law firms in Jamaica & New YorkNew York has been answered.

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Location: Jamaica, New York  |  Law type: Attorneys & law firms
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Police had a knock warrant for my uncles apartment, they came at 6a.m. and bust down the door. They woke me in one room picked up 2 xanax pills (that I am prescribed and arrested me for possession of a controlled substance with intent to sell (they say because they were not in the bottle )they go in the next room wake my uncle he gives them 10 bags of his personal use heroin (he is a view nam vet with a drug habit)they take us to the police station he gets a desk appearance ticket I get sent to jail I sit for 30 days (June 26 2017-jaugust 26 2017)the police also swore in a statement they found a half ounce of heroin under the floor near me,the 10 bags my uncle had was tested within a few days the alleged half ounce took a month to test and it was not any type of a drug the police took powder and swore in a statement that from his extensive police training he knew it was heroin. They are now trying to give me probation for 3 years for heroin when I did not possess any heroin. I need help I have mental health issues in jail they never gave me my medications,they gave me a public dfender and they are just trying to railroad me I'm 54 years old I go to college get financial aid and can not have a drug charge against me or no financial aid and I have to repay my massive student loan debt. I will not be allowed to drive which will make me lose my job I'm screwed by the system and I'm sure you can can guess I am a black man. At least they didn't shoot me but still I need help,advice,whatever.

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Legal Solution

The response provided below is specific to Attorneys & law firms in the jurisdiction of Jamaica, New York. If the response is inadequate, please submit a detailed inquiry.

Analysis of Potential Wrongful Drug Possession Charges and Inadequate Representation in Jamaica, New York

Your situation is distressing and complex. You've been accused of possessing a controlled substance with the intent to sell based on the circumstances of your arrest and the subsequent police statements. Meanwhile, you also highlight issues with your treatment in custody, the withholding of your prescribed medication, potential racial bias, and the potential impact of these charges on your education and employment.

Relevant Laws and Government Resources:

  • New York Penal Law § 220.00: Definitions related to controlled substances offenses.
  • New York Penal Law § 220.03: Criminal possession of a controlled substance in the seventh degree.
  • New York Penal Law § 220.16: Criminal possession of a controlled substance in the third degree.
  • New York Penal Law § 220.39: Criminal sale of a controlled substance in the third degree.
  • New York State Unified Court System

Potential Solutions:

  1. Challenge the Charges: With the right legal representation, you can contest the charges based on the evidence presented. The police's claim of finding heroin, which turned out to be false, could be a strong point in your defense. Additionally, if your Xanax pills were legally prescribed, presenting the prescription can prove they were not intended for sale.
  2. Seek a Dismissal or Reduction: Given the discrepancies in the police statement, there may be grounds to move for a dismissal of the charges or a reduction to a lesser offense. This would require the evidence, including the false claim about the heroin, to be scrutinized in court.
  3. File a Complaint: You can report the misconduct of the officers, especially regarding the false drug identification, to the Internal Affairs Bureau or a similar oversight body.
  4. Seek Specialized Representation: Consider obtaining an attorney specializing in drug offenses or one with a track record of challenging police misconduct. You can find the right lawyer for your case through various resources.
  5. Engage in Plea Negotiations: If you are open to it, your attorney can negotiate a plea deal that might involve lesser charges, community service, or drug education programs instead of jail time.

Cost Estimations for Legal Representation in Jamaica, New York:

Legal Service Average Cost
Initial Consultation $200 - $300
Retainer for Drug Offense Case $1,500 - $5,000
Complete Representation (Trial) $7,000 - $15,000
Plea Negotiation $1,200 - $3,500
Filing a Complaint against Police Misconduct $1,000 - $2,500

In Jamaica, New York, costs can vary based on the complexity of the case, the reputation of the attorney, and additional fees like court costs. Always inquire about potential additional costs upfront.

Further Clarification:

For a more detailed and accurate approach to your situation, it would be crucial to provide more details about the events that occurred, any witnesses, and any documentation you have related to your arrest or subsequent treatment.

Act Now: This situation has far-reaching implications on your life and rights. It's essential to act promptly. Consider consulting with a legal expert to ensure you are making informed decisions.

Key Questions:

  1. Evidence: Do you have any evidence or witnesses that can corroborate your version of events?

  2. Medical Needs: Can you provide documentation that you were legally prescribed Xanax, and were there any instances where your medical needs were ignored while in custody?

  3. Representation: Have you considered switching from a public defender to a specialized criminal defense lawyer to ensure you're adequately represented?

Common Questions Related to Drug Charges in New York:

What is the difference between possession and intent to sell?

Simple possession typically means you had the substance for personal use, whereas intent to sell indicates you had plans to distribute or sell the substance. The latter is a more serious offense.

Can police statements be challenged in court?

Yes, if there are discrepancies or falsities in the police statements, they can be contested in court with the help of strong evidence and a skilled lawyer.

How do racial biases impact court proceedings?

Racial biases can sometimes influence court decisions, leading to harsher sentences or unfair treatment. It's crucial to have robust legal representation to combat any such biases.

Are public defenders as effective as private attorneys?

While many public defenders are skilled and dedicated, they often have large caseloads which might prevent them from providing the detailed attention private attorneys can offer.

What should I do if I believe I've been wrongfully charged?

Gather all relevant evidence, consult with a criminal defense lawyer, and understand your rights. Challenging the charges or seeking a dismissal could be possible strategies.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How can I be charged with possession when someone in another room of the house gave the police 10 bags of heroine and I did not use or possess heroin?" has been changed 7 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Jamaica, New York & area of law: Attorneys & law firms.
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