If someone is arrested and charged with possession of crack cocaine, they will be charged with Criminal Possession of a Controlled Substance. The level of the offense depends on how much of the drug they are accused of possessing. Possession of less than 500 milligrams will be charged as a misdemeanor in New York.
One can be charged with a felony if they are accused of possessing a more significant weight, or if they are charged with possession with the intent to sell. Possession with intent to sell is charged when the police officer believes that the person did not possess the drug for personal use, but rather intended to sell the drugs because of the amount of drugs, the way it was packaged and other factors which lead the officer to believe the person was going to sell.
Possession with intent to sell any amount of a controlled substance is a serious felony.
Whether you are charged with a misdemeanor or felony possession, you should immediately consult with an attorney. Drug use in Suffolk County is seen by the District Attorney as a very serious problem and therefore is dealt with in a harsh manner. It is very important that anyone charged with a drug offense obtain counsel immediately.
Call Naiburg Obedin and Weissman at (631) 979-7777 to protect your rights.