First-time drug offenders in New York have to face strict laws and the potential for serious consequences. If you are facing a drug-related arrest for the first time, the whole situation can be overwhelming for you. The outcome of your case could be anything: from jail time and fines to a permanent record. You could also choose to go to rehab and start a fresh life.
Fortunately, there are options under New York law that allows first-time non-violent offenders to avoid jail and rather choose more rehabilitative options. These include probation, diversion programs, and drug treatment courts. These options hold the offender accountable for their actions as well as address underlying issues like substance use to reduce repeat offenses.
However, the outcome of your case greatly varies depending on the specific circumstances and how you handle things. This is why the help of Criminal defense lawyer in New York is a life-saver. An experienced attorney knows which options work best for you and can negotiate plea deals or alternative sentencing.
What does New York law say about first-time drug offenders?
Overview of drug laws in New York
The drug-related laws in New York control the possession, sale and use of certain substances. The New York State Penal Law, Article 220, classify drug offenses based on factors like the type and amount of drug involved. Drugs are divided into five “schedules” based on how risky they are, their medical uses, and safety concerns.
- Schedule I: High potential for abuse, no accepted medical use, and not considered safe for use under medical supervision. (Examples: heroin, LSD)
- Schedule II: High potential for abuse but accepted for medical use. (Examples: cocaine, oxycodone)
- Schedule III: Lower potential for abuse than Schedules I and II, with accepted medical uses. (Examples: anabolic steroids, some stimulants)
- Schedule IV: Low potential for abuse. (Examples: Xanax, Valium)
- Schedule V: Lowest potential for abuse, often used for specific medical treatments. (Example: certain cough syrups with small amounts of codeine)
Understanding a “First-Time” offense
It is self-explanatory that a first-time offense typically means that it is the individual’s first drug-related conviction. This means that the person does not have any drug-related charges in their criminal record.
First-time offenders usually do not face harsh penalties, but that can also vary on specific circumstances. They usually are offered alternative options, such as Drug Treatment Court, which focus on treatment over punishment. Completing these programs can give you a clean record.
The legal definition of a first-time offense is that the person must have no prior felony or misdemeanor drug convictions. Minor infractions (like low-level marijuana possession) may not count.
What are your legal options if you are a first-time drug offender?
The New York law offers various options for first-time drug offenders that focus on recovery instead of punishment.
New York’s Drug Treatment Court Program
The Drug Treatment Court Program is designed for non-violent, drug-related offenders. It is for people who are struggling with their addiction and need a path towards recovery. The individual works with the judge, attorneys and social services to receive the support and treatment they require. However, there are certain eligibility requirements, which are as follows:
- The offender must be non-violent.
- The offender should be able to show that the reason for their behavior is their drug addiction.
- To enter the program, the offender should agree to plead guilty to the charges.
- People with minor misdemeanors are allowed, but prior serious drug charges are often ineligible.
Other alternatives to jail time may include probation, condition discharge and fines.
Don’t let one mistake ruin your life!
If you have been charged with a first-time drug offense, you may be scared and thinking about what it means for your current and future life. Finding the right attorney is crucial for people with criminal charges. Consult with an attorney in New York today!
