7 Factors that Determine the Risks of Facing Drug Charges in NY or NJ

In New York and New Jersey, all drug crimes carry the potential for fines, jail (or prison) time, and other penalties. But, the specific penalties at stake depend on the specific facts involved. If you are facing drug charges in New York or New Jersey, here are seven factors that will determine the risks involved in your case:

1. What Type(s) of Drug Charge(s) Are You Facing?

Different drug charges carry different penalties. This is true in both New York and New Jersey. For example, potential charges in New York drug crime cases include possession, sale and trafficking. The potential charges in New Jersey drug crime cases are similar.

2. What Drug(s) and Quantity(ies) Are Involved?

The penalties you are facing will also depend on the drug(s) and quantity(ies) involved. For example, marijuana possession charges carry lesser penalties for cocaine and heroin possession charges in many cases. Additionally, the quantity of the drug(s) involved will play a role in determining if you are facing a misdemeanor or a fourth, third, second or even first-degree felony.

3. Do You Have a Criminal Record?

Under New York and New Jersey law, repeat offenders face enhanced penalties. If you have a criminal record, this could increase the risks of your present drug crime case substantially—and this is true regardless of why you were convicted previously. Along with facing larger fines and longer jail (or prison) sentences, repeat offenders will also face mandatory minimum sentences in many cases.

4. Are You Eligible for a Diversion or Pre-Trial Intervention (PTI) Program?

If you are a first-time offender, you may be eligible for one of New York or New Jersey’s diversion or pre-trial intervention (PTI) programs. If you are eligible for one of these programs—and if you complete the program successfully—you may be able to avoid any other consequences entirely. Successfully completing a diversion or PTI program allows you to wipe your drug case from your criminal record.

There are several qualifications that can affect your eligibility including age, residence, type of crimes committed among other factors. A criminal defense attorney who is licensed in your state should be able to help guide you on this process.

5. Did the Police Violate Your Constitutional Rights?

If you are not eligible for a diversion or PTI program, you will need to fight your drug charge(s) by all means available. In some cases, it will be possible to avoid a conviction by showing that the police violated your constitutional rights. If the police stopped you without reasonable suspicion, arrested you without probable cause, conducted an illegal warrantless search or interrogated you in custody without reading your Miranda rights, these are all factors that could render the government’s evidence inadmissible in court. Without admissible evidence, prosecutors won’t be able to secure a conviction.

6. Have Prosecutors Violated Your Constitutional Rights?

In addition to showing that the police violated your constitutional rights, it may be possible to fight your drug crime case by showing that prosecutors violated your rights as well. If prosecutors have withheld exculpatory evidence during the pre-trial phase of your case, for example, this could entitle you to a dismissal.

7. What Evidence Is Available to Present in Court?

Finally, taking any constitutional violations into account, what evidence is available to present in court? The more evidence prosecutors have against you, the harder it will be to avoid a conviction. Conversely, if you and your lawyer have strong evidence of an alibi or any other defense, this could swing the scale of justice in your favor. Ultimately, however, you don’t need to prove your innocence to avoid a conviction—rather, all you need to be able to do is prevent the prosecution from proving your guilt beyond a reasonable doubt.