Multiple Drug Charges with Intent to Sell in New York

[lsabler]

A friend of mine just got charged with what is his second drug offense - first being in 2005 for purchasing GHB in the state of Florida. This time things aren't that simple.

He was leaving his girlfriends house one evening last week and as he got into his car, an unmarked van pulled up and what turned out to be TNT jumped out and surrounded the vehicle. They began harassing him about his temp. plates on his new car and other irrelevant things as they got him out of the vehicle and proceeded to search him (which seems odd - the fact they appeared out of nowhere to corner him and go straight for the search seeing how the supposed issue was just his plates??)

To make a long story a little shorter, they found 22 pills of xanax, 2 grams of meth, less than a gram of coke, 10 extacys , a scale and baggies. His charges are as follows:

B Felony, 1 count, Arrest charge, Arraignment charge
Description Crim Poss Narco Drug Int/

A Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Crim Use Drug Par-2ndackage

A Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
Description Crim Poss Contrl Subst

D Felony, 1 count, Arrest charge, Arraignment charge
Description Crim Poss Contl Sub W/int

D Felony, 1 count, Not an arrest charge, Arraignment charge
Description Crim Poss Contl Sub W/int


Infraction, 1 count, Not an arrest charge, Arraignment charge
Description

A Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Crim Use Drug Para-2nd:scales



He got a lawyer who is saying that option A - try to fight and possibly lose and do 5-25 or option B - try to go for the 1 year drug treatment program which clearly seems like the way to go but it's also def. the expensive way to go as option B is a $15,000 option. I know the laywer has a stellar rep but also, I understand that he is also trying to make $$$ so I'm taking a chance to see if anyone here is knowledgeable in this area that may give a word of advice. We are wondering, considering all, what are they chances of him beating this case or in either way coming out of it without doing any prison time if he doesn't go with the drug treatment program option? Any advice at all would be greatly appreciated. thank you.

[Dogmatique]

A friend of mine just got charged with what is his second drug offense - first being in 2005 for purchasing GHB in the state of Florida. This time things aren't that simple.

He was leaving his girlfriends house one evening last week and as he got into his car, an unmarked van pulled up and what turned out to be TNT jumped out and surrounded the vehicle. They began harassing him about his temp. plates on his new car and other irrelevant things as they got him out of the vehicle and proceeded to search him (which seems odd - the fact they appeared out of nowhere to corner him and go straight for the search seeing how the supposed issue was just his plates??)

To make a long story a little shorter, they found 22 pills of xanax, 2 grams of meth, less than a gram of coke, 10 extacys , a scale and baggies. His charges are as follows:

B Felony, 1 count, Arrest charge, Arraignment charge
Description Crim Poss Narco Drug Int/

A Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Crim Use Drug Par-2ndackage

A Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
Description Crim Poss Contrl Subst

D Felony, 1 count, Arrest charge, Arraignment charge
Description Crim Poss Contl Sub W/int

D Felony, 1 count, Not an arrest charge, Arraignment charge
Description Crim Poss Contl Sub W/int


Infraction, 1 count, Not an arrest charge, Arraignment charge
Description

A Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Crim Use Drug Para-2nd:scales



He got a lawyer who is saying that option A - try to fight and possibly lose and do 5-25 or option B - try to go for the 1 year drug treatment program which clearly seems like the way to go but it's also def. the expensive way to go as option B is a $15,000 option. I know the laywer has a stellar rep but also, I understand that he is also trying to make $$$ so I'm taking a chance to see if anyone here is knowledgeable in this area that may give a word of advice. We are wondering, considering all, what are they chances of him beating this case or in either way coming out of it without doing any prison time if he doesn't go with the drug treatment program option? Any advice at all would be greatly appreciated. thank you.

Well, nobody can predict what will happen. Truly.

However...if it were me, with those charges? I'd be taking the expensive option and getting into drug treatment. Yesterday.

[jarno]

According to my lawyer who I hired for my case (much different case not involving drugs) winning in trial is always less then 50% chance. Which I found confusing cause the guy wins over 70% of his cases and is one of the top lawyers in my state. One of the reasons being is that if you're in the defendants seat, the jury already knows you did something wrong otherwise you wouldn't be there. In my case I was charged for the crime i didn't do and wasnt charged for the crime I did do (broke a lamp in a hotel). I was charged with a serious offense but as it unfolded the accusser had a few loose screws and a lengthy criminal record. The point is a GOOD criminal lawyer doesn't neccersirily wants to take a case to trial if he knows he will loose, he should be upront about it.
One thing that suprises me is that you say that 15k option is the expensive one when a good criminal lawyer doesn't usually charge under 300$ an hour. With few days in trial and preperation for trial should amount to over 15k usually.
With that said, a good lawyer should be able to find all faults in the case(as none are the same) and tell you aproximate outcome in trial but he will not be able to tell you an exact outcome. You should have a feel for which charges he thinks he will be fairly certain to get reduced or dismissed and which might stick. At the end of the day, trial is a gamble.

P.s also my case never had intent. So the whole thing crumbled up on prosecutors as the case went along.

Also in your case, there's no denial that the guy was caught with the drugs so the lawyer needs to find everything else possible to try to build up a good defense. That's something that only he would be able to advise you on though.

[tc498]

The scales,baggies,different types of drugs,especially the meth looks really bad for the guy. One or two of those charges can land him in the state pen for a good amount of time. A year in a drug program doesn't seem bad compared to that, a good lawyer cost money. I was charged with a low felony and my lawyer was 5,000. Maybe he can say the stop wasn't justified or there a search issue,besides that they got him with a lot drugs. The other charge can work against him especially if it's a felony.

Even if he gets certain things thrown out,he looking at 3 felonies ,there a high chance of jail time. Maybe the lawyer can get something thrown out,to have a more workable plea deal. If the lawyer has a good reputation and knows the local da and judge,just listen to him. He lucky he got caught in new york,not Fl or some other stricter state. There been ppl in other states who got caught w. a spec or some of coke and got stuck with a felony conviction. If he gets in the drug program he needs to be an angel.

[jarno]

yea if there's no flaws in prosecutors case then drug treatment sounds pretty good. I suppose he won't be looking for a job after he gets out and has a better plan then goin back to selling..