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So your probably freaking out right now because you just got arrested for a tiny amount of drugs – maybe some cocaine residue, a single Xanax that wasn’t yours, or even kratom that you thought was legal. Maybe the cops found it during a “routine” traffic stop. Maybe they searched you illegaly in Washington Square Park. Or maybe your ex planted it and called the cops on you. Look, we get it. Your TERRIFIED about having a drug charge on your record forever. And you should be worried! Because NY Penal Law §220.03 can destroy your entire future over literaly NOTHING!
Let me break down this BS charge that ruins thousands of lives every year. Criminal possession of a controlled substance in the seventh degree means you had ANY amount of ANY controlled substance. Not selling it. Not using it. Just having it on you or near you.
Were talking about residue in an empty bag that you didn’t even know was in your pocket. One pill that fell out of someone elses prescription bottle in your car. A microscopic amount of cocaine on a dollar bill in your wallet. Hell, we’ve seen people arrested for kratom and CBD products that they bought LEGALY at a smoke shop!
The law says you “knowingly and unlawfuly” possessed it, but here’s the joke – cops don’t care if you knew. They find something, they arrest you, and let the DA figure it out later. Meanwhile your sitting in central booking for 24 hours, missing work, your family’s panicking, and your life is falling apart over literaly dust particles.
What counts as controlled substances? Everything except marijuana now (thats a whole different law). Cocaine in any form – powder, crack, residue. Pills like Xanax, Percocet, Vicodin, Adderall without YOUR prescription. Heroin, fentanyl (even trace amounts that could kill you). Meth, MDMA, ketamine, LSD. Even some “legal” supplements that contain banned substances according to Article 220 of NY Penal Law.
YES, absolutly you can go to jail! Don’t let anyone tell you “its just a misdemeanor” like thats nothing. Class A misdemeanor means up to ONE YEAR in jail. Not probation, not community service – actual jail time on Rikers Island or your county jail.
Plus a criminal record that follows you forever. Plus up to $1,000 in fines you probably can’t afford. Plus 3 years of probation where you pee in a cup whenever they say. Plus you might lose your job, your professional license, your student loans, your immigration status. All for something that weighs less than a paperclip!
We’ve seen judges give 30 days for first offenders just to “send a message.” 60 days if you have any prior record. 6 months if the judge thinks your lying about not knowing it was there. And if you get arrested again while on probation? Your doing the full year, no question.
The worst part? Even if you don’t get jail time, that drug conviction stays on your record FOREVER. Every employer sees it. Every landlord sees it. Graduate schools, professional licensing boards, immigration – everyone sees that your a “drug criminal” even though you had less drugs than whats probably stuck in there carpet.
This is where NY law gets completly confusing. Marijuana used to be under 221 charges, but now its mostly legal. Adults can have up to 3 ounces of weed or 24 grams of concentrates legaly. But other drugs? ANY amount is illegal under 220.03.
So your friend can walk around with an ounce of weed perfectly legal, but if you have one grain of cocaine dust, your getting arrested. Makes total sense, right? The cops literaly ignore pounds of legal weed but destroy peoples lives over invisible amounts of other substances.
Here’s what’s still illegal with weed: Over 3 ounces but under 16 ounces? Just a violation, $150 fine. Over 16 ounces? Now its criminal possession. Selling ANY amount without a license? Criminal sale charges. Smoking in public where tobacco is banned? $50 fine. But cocaine residue that you can’t even see? Class A misdemeanor, possible year in jail!
The system is designed to confuse you. Cops use this confusion to there advantage. They’ll tell you marijuana is illegal to scare you into consenting to searches. They’ll claim your CBD or Delta-8 products are illegal controlled substances. We’ve seen them arrest people for legal hemp products then “let the court sort it out.”
This is one of the most common 220.03 arrests and its absolutly ridiculous. Your mom gives you one of her pain pills for your back. Your friend shares there Adderall so you can study. Your girlfriend leaves her Xanax in your car. Boom – your a drug criminal!
Having someone elses prescription medication is automaticaly 220.03, doesn’t matter if they gave it to you. Doesn’t matter if its for legitimate medical reasons. Doesn’t matter if its the exact same medication you usually take but forgot yours. The second those pills are seperated from the prescription bottle with someone elses name, there “illegal controlled substances.”
We’ve seen cases where elderly people share medications because they can’t afford there own prescriptions – arrested. Parents arrested for carrying there childrens ADHD medication to school. Spouses arrested for picking up each others prescriptions. The law doesn’t care about intent or circumstances.
And don’t even think about putting pills in those daily pill organizers or your pocket. Technicaly, medications must stay in there original prescription bottles with your name on them. Cops love arresting people with pill organizers because each compartment becomes a seperate possession charge!
Thank god there are some defenses to this BS charge, but you need a lawyer who actualy knows them and fights. Here’s what works:
Illegal search is the biggest defense. Cops need probable cause to search you, your car, your bag. “Smelling marijuana” isn’t enough anymore since its legal. “Nervous behavior” isn’t probable cause. If they searched illegaly, all evidence gets thrown out.
Lack of knowledge is tough but possible. If someone planted drugs on you, left them in your car, dropped them in your apartment – you didn’t “knowingly” possess them. But you need evidence supporting your story, not just your word against the cops.
Chain of custody problems can destroy there case. Who handled the evidence? Was it properly stored? Could it have been contaminated or switched? We’ve won cases where cops couldn’t explain how .01 grams became .1 grams between arrest and lab testing.
Where you get arrested matters ENORMOUSLY for how your case gets treated. Manhattan DA might offer diversion programs for Washington Square Park arrests. Bronx DA might push for jail time for identical arrests in known drug areas. Its completly unfair but its reality.
Arrested near schools, parks, or NYCHA properties? Prosecutors act like your a major dealer even with residue amounts. Arrested in Midtown Manhattan leaving a club? Might get offered an ACD (dismissal after 6 months). Arrested in East New York or Brownsville? They assume your selling and investigate further.
Tourist areas get different treatment than residential neighborhoods. White neighborhoods get different treatment than Black and Latino neighborhoods. Rich areas get treatment programs, poor areas get jail time. The same exact crime, same exact amount, totaly different outcomes based on ZIP code.
We’ve seen Columbia students get cases dismissed for cocaine possession while CUNY students get criminal records for the same amount. Wall Street bros get rehab referrals while delivery workers get Rikers. The system is rigged based on who you are and where you were.
YES, and this is what destroys people’s lives long after the case ends. Every single background check will show “CRIMINAL POSSESSION OF CONTROLLED SUBSTANCE.” Employers see that and think your a drug addict or dealer. Doesn’t matter if it was one pill or residue – the charge looks the same.
Professional licenses are at risk. Nurses, teachers, lawyers, doctors, real estate agents – all face review boards for drug convictions. Many lose there licenses automaticaly. Years of education and career building destroyed over nothing.
Immigration consequences are SEVERE. Green card holders can be deported. Visa holders lose status. Citizenship applications denied. Doesn’t matter how long you’ve been here or if you have US citizen kids. Drug conviction = deportation proceedings for many immigrants.
Student loans and financial aid disappear. Federal law bars drug offenders from getting student aid. Trying to better yourself through education? Too bad, that Xanax your friend gave you means no college money. Public housing? Banned for drug convictions. Food stamps? Can be denied. Your literaly pushed into poverty.
Arraignment is your first court appearance, usualy within 24 hours of arrest. You’ve probably been sitting in a disgusting holding cell, haven’t slept, smell terrible, and just want out. Here’s what realy happens:
The judge will read the charges. The DA will ask for bail, claiming your a “flight risk” or “danger to the community” over residue. Your lawyer argues for release. Most 220.03 cases get ROR (released on recognizance) but not always. We’ve seen $500 bail set for dust amounts.
They’ll offer you a “deal” right away – plead guilty, get “time served” (the hours you already spent locked up), and walk out. DONT TAKE IT! That guilty plea follows you forever. That “easy deal” destroys your future. Fight the case properly.
Getting these charges reduced or dismissed is possible but requires aggressive lawyering from day one. Here’s what actualy works:
Diversion programs exist but have strict requirements. Manhattan has DTAP, Brooklyn has DTAP, but you need to “admit you have a problem” even if you don’t. Complete 6-12 months of treatment and charges get dismissed. But one failed drug test and your doing jail time.
ACDs (Adjournment in Contemplation of Dismissal) are possible for first offenders. Stay out of trouble for 6-12 months and charges disappear. But any new arrest, even a disorderly conduct, brings back the drug charge.
Marijuana ACDs under CPL 210.46 used to exist but are less common now that weed is legal. Straight dismissals happen if evidence is suppressed or prosecutors can’t prove there case. Motion practice is critical – challenge the stop, the search, the arrest, everything.
Plea bargains to violations (non-criminal) save your record but still show up some places. Disorderly conduct plea means no drug conviction but still a conviction. Your trading a misdemeanor for a violation, which is better but not perfect.
Look, we know your probably calling lawyers right now getting the same pitch – “plead guilty, its just a misdemeanor, move on with your life.” That’s BS advice that ruins your future. We actualy FIGHT these cases because we know what’s realy at stake.
We attack the search that found the drugs. Illegal stop? Evidence suppressed. Illegal search? Case dismissed. We file motions other lawyers are too lazy to write. We investigate whether cops planted evidence (happens more than you think). We demand lab reports, chain of custody documents, body camera footage.
Most importantly, we understand that this “minor” charge is actualy MAJOR for your life. Your job, your immigration status, your education, your housing – everything is on the line over specks of powder. We treat your case with that urgency.
We know every diversion program, every ACD possibility, every way to avoid a criminal record. We know which judges are sympathetic and which prosecutors are reasonable. We’ve been doing this for years and know exactly how to navigate the system. We don’t just show up and beg – we show up prepared to fight.
Call us RIGHT NOW at 212-300-5196
Don’t let residue amounts ruin your entire future!
Every single day matters in drug cases! Evidence gets “lost” (convenient for prosecutors). Video gets deleted. Witnesses disappear. That illegal search becomes harder to prove. The longer you wait, the weaker your defense becomes.
Don’t plead guilty to “just get it over with!” That guilty plea will haunt you for the rest of your life. Don’t let them scare you into taking a deal that destroys your future. Fight back against this unjust system that ruins lives over literal DUST!
Disclaimer: Prior results don’t guarantee future outcomes. Every case depends on specific facts and circumstances. But we promise to fight harder than anyone else to protect your future.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS