Controlled Substances (Drugs)

In New York, criminal charges involving controlled substances are generally based on allegations of possession, sales, or possession with intent to sell. The list of substances that qualify as a controlled substance are included below.* With the exception of Criminal Possession of a Controlled Substance in the Seventh Degree (a misdemeanor), this type of charge will be a felony. These charges can involve complicated litigation depending on the location and circumstances that the  substance was allegedly found. An attorney needs to be prepared to challenge the legality of a search and seizure. The attorney should also be experienced in plea negotiation, equipped with familiarity of potential resolutions, including treatment courts and diversion programs. Mark Foti has handled cases that have been resolved through litigation and others that resulted in treatment programs at his clients' request, when appropriate. Contact Mark Foti.

More information:
*List of Controlled Substances
Jury Instructions for Crimes Involving Controlled Substances


Marijuana

In New York, marijuana offenses are treated differently from other drug offenses. A marijuana offense may be a violation, a misdemeanor, or a felony, depending on various factors such as weight and possession or sale. Like drug offenses, there are various unique factors to consider in both the litigation process and the plea discussions. Mark Foti's most recent misdemeanor marijuana trial resulted in a full acquittal in December 2012. Contact Mark Foti.

More information:
Jury Instructions for Offenses Involving Marihuana


DRUG TREATMENT COURTS: CLICK HERE FOR MORE INFORMATION