Long Island Drug Trafficking Defense Attorney

The United States Drug Enforcement Administration (DEA) actively prosecutes individuals that are accused of transferring large amounts of controlled substances such as heroin, crack cocaine, cocaine, pharmaceutical narcotics and marijuana. Lengthy mandatory prison sentences are required for those convicted of offenses such as drug trafficking as part of the DEA’s “war on drugs.” Under certain circumstances, the sentence even may be increased due to certain factors such as prior criminal convictions. If you are facing drug trafficking charges, it is imperative that you speak with an experienced Long Island drug trafficking defense attorney immediately.

The Long Island drug trafficking defense attorneys at the Mirsky Law Firm have more than 80 years of combined legal experience helping those charged with various drug-related offenses, including drug manufacturing, drug possession and drug trafficking. We are admitted to both local and federal courts, and we will fight tirelessly on your behalf to reach an outcome that is favorable to you. We are prepared to stand with you every step of the way, from arraignment to trial.

Drug Trafficking Charges

There is a clear and definite hierarchy of drug offenses in New York as well as in several legal jurisdictions around the U.S.  Certain drugs are deemed more dangerous than others, and certain actors in drug related incidents are treated with more severity than others.  For example, drug users and small time dealers are treated, generally, less harshly than big time manufacturers and traffickers, who tend to receive more severe penalties.

In legal terms, a drug trafficker is someone who transports controlled substances from one place to another. Basically, traffickers are people who handle the distribution of drugs. The substance doesn’t matter, it could be marijuana, prescription pills, cocaine, or methamphetamine – all may lead to a drug trafficking arrest.

Some people mistakenly believe that marijuana charges are not serious in New York, however that is not the case. Selling any amount of marijuana for profit can result in incarceration.  Sale of up to 25 grams can result in a year of incarceration, while the sale of more than 10 pounds can result in up to 15 years behind bars.  Allowing a child to assist in the sale of marijuana adds four years to a sentence, while the sale of marijuana to a minor, no matter the amount, will add up to 7 years.  Trafficking any amount of the drug is punishable by at least 15 years behind bars, while the cultivation of any is punishable by up to 1 year in a New York jail. A misdemeanor or felony conviction will also stay on your record, which can impact you and your family for years after the case is over.

Drug Trafficking Defenses

While the intent behind drug trafficking laws is understandable, current laws allow ordinarily non-violent and law abiding citizens to get labeled as drug traffickers and face several years behind bars.  The purpose of our judicial system isn’t just to punish offenders, it’s also to distinguish between and treat accordingly criminal and noncriminal behavior.  Contrary to what the police and prosecution would have society believe, not everyone arrested for “trafficking” is a criminal.

It is not the prosecution’s job, nor is it the police’s job, to assign guilt.  Guilt can only be decided by a trier of fact in a court of law.  The trier of fact is whoever hears the facts of a case – it is oftentimes a jury, but when a jury trial is waived, it may be a judge.  Only after having the opportunity to explain his or her side of the story to the trier of fact, and only after having the opportunity to question those who have made accusations, can the jury or judge hand down a verdict of guilty.  Until that happens, a person has the right to be considered innocent under the law.

There are several reasons why a person arrested for “trafficking” might not be entirely culpable of criminal behavior.  What if the person arrested was unaware of the presence of the narcotics?  What if the person was tricked into delivering controlled substances under the guise of delivering legal items or returning a car to a friend?  What if the person arrested was in fear for his or her life and accepted the illicit task out of fear of serious harm?  Does that person deserve to be treated like a criminal?

In most states, if a friend asks you to procure some marijuana, and you do, when you deliver it and your friend reimburses you, you’re guilty of the sale of marijuana – even though you’re not actually a “dealer” or making a profit. However, if you’re charged with selling drugs under these circumstances in New York, you may be found not guilty.

However, in New York those charged with drug sales may be able to argue that they were not actually “selling” the drugs if they were working as the “agent” of the buyer rather than the seller. If you use the agency defense, you are essentially admitting that you were guilty of possessing the illegal drugs and you may even be guilty of criminal facilitation. Agency is not a defense in most states and it isn’t recognized by federal law. But in New York you can avoid a conviction for drug sales – although you’ll probably be convicted for possession – if the agency defense is successful for you.

If you’re charged with the sale of any controlled substance in or near New York City or Long Island, get legal help promptly by contacting a knowledgeable Long Island criminal defense attorney. Convictions for drug crimes can be harsh in this state; you’ll need all the help you can get to fight this charge. Seek representation from the team of criminal defense lawyers at Mirsky Law Firm before you make any legal decisions. Our team can help you understand your drug charges and provide you with the legal services you need.

We’ll Fight The Charges Against You

Even if the evidence presented against you is overwhelming, we can help. The Long Island drug trafficking defense attorneys at the Mirsky Law Firm understand the process of presenting a case in court, and will fight to identify mistakes made by the police and DEA during the investigation and the gathering of evidence. We will argue for the dismissal of evidence and will work to remove enhancements that may be applied due to prior offenses or other mitigating circumstances. We can also help to negotiate sentence reductions and fight parole ineligibility.

The stakes are too high for clients to face drug trafficking charges alone. If an inexperienced attorney mishandles your case, detrimental mistakes could occur and you may spend the coming years in a federal prison. Let Long Island drug trafficking defense attorney David M. Mirsky put his 20 years of criminal defense experience to work for you in the fight for your freedom. Call today or fill out the form on this site to schedule a consultation with a Nassau County and Suffolk County criminal defense lawyer.