Article 220 Controlled Substance Offenses | Penal Law 220.06

New York Criminal Possession of a Controlled Substance in the Fifth Degree Lawyer

Criminal Possession of a Controlled Substance in the Fifth Degree cases can involve felony possession allegations, weight or type of substance, intent assumptions, search warrants, vehicle or home searches, and immigration or licensing impact. Even where the allegation appears straightforward, the defense often depends on what the police actually saw, how the substance was recovered, whether the search was lawful, and whether the lab evidence supports the charged degree.

Lebedin Kofman LLP defends clients in New York controlled-substance, narcotics, prescription-drug, drug-sale, trafficking, conspiracy, and asset-forfeiture matters in state and federal court.

Call 646-663-4430 or contact the firm for a confidential consultation.

Issues that may matter

actual versus constructive possession
substance type and weight
lab testing and chain of custody
vehicle, home, or person search issues
statements
prescription or lawful-possession questions
co-defendant issues
diversion, treatment, or immigration concerns

Defense approach

Drug cases should be reviewed for search and seizure problems, unlawful vehicle or home searches, missing probable cause, unreliable informants, defects in warrants, lab and chain-of-custody issues, weak proof of knowledge or intent, and whether the alleged weight or drug type supports the charged degree.

Where appropriate, the defense may also address treatment history, mitigation, diversion, immigration risk, professional licensing issues, restitution or forfeiture exposure, and whether early intervention can narrow or avoid charges.

Frequently asked questions

What should I do after a New York controlled-substance arrest?

Speak with defense counsel quickly and avoid statements about ownership, possession, source, intent, or other people involved. Search, seizure, lab, statement, and grand jury issues should be reviewed early.

Can drug charges be reduced, dismissed, or resolved through treatment?

Some cases can be challenged or resolved favorably depending on the search, lab evidence, alleged weight, record, county, treatment history, immigration issues, and whether prosecutors can prove the charged degree.

Contact Lebedin Kofman LLP

If you are under investigation or charged with a controlled-substance offense, call 646-663-4430 or contact Lebedin Kofman LLP.