The Nassau County criminal lawyers at Schalk, Ciaccio & Kahn represent those individuals charged with state or federal drug crimes. While state drug laws may be narrower in scope so long as they don’t conflict with federal drug laws, federal drug charges usually result in more severe sentences. Whether someone is charged with a state or federal drug crime, having a drug conviction on record can result in severe consequences.
Drug paraphernalia refers to any equipment used to prepare, inhale, inject or conceal illegal drugs. It can also refer to the equipment used in manufacturing illegal drugs. If someone is facing drug charges related to paraphernalia, he or she should consult with an attorney, as it is illegal to sell, import, or export any sort of drug paraphernalia. Some examples of drug paraphernalia include bongs, pipes, rolling papers, and syringes. An experienced defense attorney can argue that certain types of drug paraphernalia are designed for legal purposes, such as pipes stating they should only be used with tobacco. In that case, sustaining a drug paraphernalia charge depends on where the item was purchased and how it looks.
Drug possession laws vary in every state, so it’s important to consult with a local attorney about New York drug laws. While it is a crime under both federal and state drug laws to possess any illicit controlled substance, the consequences vary by the state and type of drug involved. Someone who possesses a small quantity of drugs will likely only be charged with simple possession. However, possessing a larger quantity of drugs can lead to a possession charge with the intent to distribute, which carries harsher penalties.
Our lawyers also represent those involved in the production process of an illegal drug. Delivery of an illegal drug also constitutes a federal or state drug crime. However, in manufacture cases, prosecutors must prove intent to manufacture as well as possession in order to obtain a drug conviction. There are medical and personal use exceptions for marijuana in several states, so marijuana cultivation and manufacturing is treated differently under those state laws.