Public defenders are available for indigent defendants at arraignments on Desk Appearance Tickets. However, if you are not indigent, then you do not qualify for a public defender, meaning that you will have to return with a privately-retained lawyer anyway. Even if you do qualify, technically, for a public defender, you should consider various other reasons for hiring a private attorney. First and foremost, you will be unable to speak to a public defender in advance of your court date, whereas a private defense attorney can meet with you and prepare you and answer your questions in advance of your court date. Also, defendants with private attorneys are usually seen by the judge first and can typically leave before 10:30 am; those people relying on public defenders may find themselves waiting in line all day to talk to an attorney, and waiting to see a judge well into the afternoon session. If your case lasts beyond the arraignment, you may find it extremely difficult to get ahold of a public defender, as they are typically responsible for hundreds of criminal cases at a given moment and are often unable to respond to voicemails; in contrast, a private lawyer presumably has more time to answer your phone calls and questions and meet with you in the office. The private attorneys at our office, unlike public defenders, will continue to work on your case after its done to ensure that where, if applicable, the records of your arrest have been properly sealed and the matter cleared from the public domain. Finally, the attorneys at our office, unlike public defenders, can sometimes in certain types of cases assist out-of-state residents, students, or foreign citizens by appearing for them in lieu of personal appearances.

Most importantly, though, these matters are important and must be taken seriously. A criminal conviction – even for a misdemeanor – can create permanent obstacles to employment, naturalization, university admission, and more. There is no expungement of criminal convictions in New York, so a criminal conviction for even a misdemeanor is a permanent matter of public record and can haunt a person for the rest of his or her life. FINRA-licensed brokers can unwittingly jeopardize their careers in seemingly trivial matters, and non-citizens can prevent themselves from being able to stay in the United States in accepting a disposition that seems otherwise reasonable. These are mistakes that can be avoided with the advice of good and prepared counsel.

The criminal defense attorneys at the Law Office of Matthew Galluzzo have successfully defended hundreds of Desk Appearance Tickets throughout New York City and obtained countless dismissals of the charges contained therein. If you or a loved have been charged with misdemeanors by way of a Desk Appearance Ticket, you should take the matter seriously and seriously consider retaining the experienced former prosecutors and criminal defense attorneys at the Law Office of Matthew Galluzzo. A single mistake at your court appearance could have serious and permanent consequences for life, family, and career… wouldn’t you rather know that the matter is being handled by a seasoned professional of your choosing?

The traditional business model of drug trafficking, though potentially lucrative, is fraught with peril and obstacles for its participants at all levels. Thanks to fantastic television programs like The Wire and Breaking Bad, many Americans already have a basic understanding of this business model: Transactions are conducted using cash, and regulatory safeguards at banks and other institutions make it difficult for dealers to use their income to make large purchases (thereby necessitating the risky business of money laundering). Transactions are also generally made face-to-face and hand-to-hand, meaning that the dealers and buyers can be fairly easily identified or apprehended by law enforcement.

These sorts of traditional drug dealing operations use levels and levels of intermediaries to protect the chiefs from being directly implicated, but law enforcement officers have routinely been able to force low- and medium-level dealers to “snitch” on their suppliers. Moreover, this business model’s need for a human being to personally deliver contraband makes the buyers and sellers potentially subject to violent acts by thieves or competitors.

It should come as no surprise then that many savvy and enterprising criminals took to the nether world of the “Dark Web” (or “Dark Net”) to traffic narcotics (and sometimes even weapons) at online markets like Silk Road (then Silk Road 2.0) and Agora, among others. These online markets provided solid anonymity for buyers and sellers of drugs because they are accessible only through the Tor browser (Tor = The Onion Router), a software program designed to disguise the IP address (and thus the physical presence) of a person browsing online. Buyers and sellers can connect anonymously on these markets using Tor in a way that makes it extremely difficult for law enforcement to track the IP addresses (and thus, the physical locations and true identities) of the participants.Though Silk Road was shut down by law enforcement, and other sites continue to be closed, new ones inevitably crop up to replace them.

Also, the buyers and sellers on these websites aren’t using credit cards or cash – they’re generally using BitCoin. This online and anonymous digital currency has been highly controversial and is illegal in some countries, though it is currently legal in the U.S. and becoming subject to increasing regulations. (NOTE: The author of this article has significant experience representing a person accused of criminal activity involving the use of now-defunct precursor online currencies called Webmoney and egold.). There is no question that cryptocurrencies like Bitcoin are absolutely critical to the survival of these marketplaces, as these transactions could not possibly be consummated without it.

Moreover, consumers of narcotics and designer drugs frequently find the experience of buying from these sorts of online suppliers to be safer and easier than the traditional alternative. First, the buyer doesn’t have to personally meet an unsavory criminal in his home or some other dangerous place where he risks being caught. Second, the market offers easy price comparisons amongst sellers – it’s practically an eBay or Travelocity for drugs. (Note: Federal Judge Katherine Forrest, in denying Ross Ulbricht’s motion to dismiss the pending indictment against him, described the now defunct Silk Road as being like eBay).

Of course, because of the anonymity involved, a buyer can be easily ripped off on one of these sites – that is why buyer reviews are such an important part of these new markets. Sellers have to develop and maintain a reputation for trustworthiness among users, and that can be hard to do in an environment where buyers cannot possibly hold the seller personally accountable for defrauding them.

The hosts of these marketplaces can also fairly effectively disguise their anonymity. Ross Ulbricht a/k/a Dread Pirate Roberts, is easily the most notorious such alleged host, and was arrested last year after a length federal investigation. The U.S. federal government contended that for years he hosted the Silk Road online market (technically a portal accessible only via Tor browsers), and took commissions on thousands of drug-related sales totaling millions of dollars in Bitcoin. Ultimately, after a trial before Judge Forrest, Ross Ulbricht was convicted of numerous crimes and sentenced to life in prison.

The weaknesses in these modern operations generally arise in the delivery system. Private shipping companies like FedEx and DHL do not need search warrants to open suspicious packages.Accordingly, dealers tend to prefer to use shady offshore delivery services or USPS, whose agents must have federal search warrants to open suspicious packages. In the event that an illicit package is intercepted by a courier, federal agents often attempt to deliver the package to its intended recipient in a “controlled buy”: essentially, the federal agent poses as a delivery man and tries to get the recipient to sign for the package. Of course, most buyers in this market use “dummy drop” addresses, like mailboxes opened under pseudonyms, to receive these sorts of packages. Ultimately though these measures don’t really prevent law enforcement from waiting at the “dummy drop” location and simply arresting the person when s/he picks up the package.

Most dealers sending narcotics via courier do not use actual return addresses, of course, or pay for the postage with anything other than cash. Federal agents might be able to trace the drop off point of an intercepted package, but unless there is good archived video surveillance footage of the person making the drop at the courier’s drop off center, it is typically exceedingly difficult for federal agents to identify the person that mailed the package. Finally, dealers that use couriers have discovered a variety of vacuum-sealing techniques to make it especially difficult for courier companies or USPS to detect any illicit substances in the packages.

These sorts of cases are typically prosecuted in federal court. Notably, local law enforcement makes most of the drug trafficking related arrests in the U.S. – indeed, police officers do most of the heavy lifting in America’s War on Drugs. However, whereas cartels engaged in traditional drug dealing are routinely investigated by both state and local law enforcement, these new online Silk Road and Agora operations are generally just too complex for state law enforcement officers to penetrate; state law enforcement simply lacks the resources and the personnel to penetrate these operations, so it is up to the FBI and other federal law enforcement agencies alone to do the work. The author wouldn’t be surprised if the federal government soon starts seriously ramping up its own funding of this effort to combat the “Dark Net” or decides to give more money to local law enforcement agencies to develop the capabilities to assist them, but for the moment, in terms of sheer numbers and probabilities, there are probably fewer law enforcement officers chasing these modern dealers than there are officers pursuing traditional drug dealers on the streets.

That being said, the potential penalties for dealing drugs online can be significant. The most readily applicable charges would generally include violations of 18 USC Section 952 or any number of money-laundering and conspiracy charges. Obviously, Ross Ulbricht, the founder of Silk Road, received life in prison for his criminal activities, though his appeal is pending. Also, sellers on Silk Road face a two-level enhancement under 2D1.1(b)(7) for “mass marketing” narcotics on the Internet, which buy itself can elevate a sentence by two years as opposed to traditional drug dealing.

If you or a loved have been arrested or prosecuted for a crime involving the purchase or sale of contraband or narcotics on Silk Road, Agora, or some other Tor-accessed portal, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former prosecutors has defended people accused of committing Internet crimes involving electronic currencies like Bitcoin and its precursors, as well as individuals accused of trafficking narcotics on the internet and Tor-accessed markets. This is a complex subject at the intersection of technology and criminal law that few criminal defense attorneys truly understand, so you should take pains to ensure that your criminal defense attorneys, like those at the Law Office of Matthew Galluzzo, truly understand the relevant issues.

Recently we have noticed an uptick in the number of arrests made by NYPD following investigations of advertisements on the popular website Craigslist (and to a lesser extent: the website Backpage). Though these websites can facilitate an almost limitless variety of crimes, the ones most commonly associated with these sites relate to prostitution-related services and sales of controlled substances/narcotics.

Controlled substances (Criminal Sale of a Controlled Substance, Penal Law Chapter 220)

We recently defended a young woman charged with selling prescription Adderall via craigslist (other recent Craiglist-related arrests have involved Percocet, Oxycodone, and Roxycodone). These types of cases tend to follow the same script: to begin, undercover narcotics officers periodically scan craigslist for advertisements – some of them coded – made by people with prescription pills for sale. Contact is then initiated – by email or telephone – and those conversations between the undercover and seller are preserved and/or recorded. Finally, a delivery is agreed upon, and after the sale is made, so is an arrest. For this particular crime and assuming a fairly low level quantity, the top applicable charge would be Criminal Sale of a Controlled Substance in the Fifth Degree, a Class D felony under Penal Law Section 220.31. (This charge applies to the sale of a variety of controlled substances like ecstasy and other prescription drugs but not to narcotics drugs like cocaine or heroin, for which the higher Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony under Penal Law Section 220.39, applies). Unfortunately, these charges are practically indefensible under these fact scenarios. Thus, the defense attorney’s job is to present favorable aspects of the client and hope to negotiate a favorable disposition, or, in the case of a person with a substance addiction, lobby for a diversion program. For what it’s worth, our client was allowed to plead guilty to a misdemeanor with probation, whereas the other young man – represented by a public defender – is being forced to plead guilty to a felony with prison time.

Prostitution

The other major illicit item sold on craigslist (and backpage) is sex. The main charge – Prostitution – is a class B misdemeanor under Penal Law 230.00 punishable by up to 60 days in jail (also, there are serious potential immigration consequences for non-citizens). A person is guilty of it when he or she “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Notably, then, the mere posting of an advertisement that offers sex in return for a fee can make one as guilty of this charge as actually turning a trick, so to speak. Of course, posters on craigslist and backpage have circumvented this problem somewhat by using coded language that is potentially open to interpretation, but undercover police officers tend to pursue these cases until a more explicit deal is agreed upon, and are also generally competent to testify as to the true meaning of the coded words used in the industry.

Not just prostitutes are subject to potential arrest, however. Pimps, madams, and other “promoters” of prostitution can actually suffer harsher penalties. The lowest level Promoting Prostitution in the Fourth Degree (Penal Law 230.20) is a class A misdemeanor punishable by up to one year in jail. Higher charges under Penal Law Sections 230.25, 230.30, and 230.32 can be sustained where a pimp or madam supervises multiple prostitutes or employs underage prostitutes. For more on these charges, click here.

Finally, when these investigations into Craigslist and Backpage prostitution advertisements become long investigations, misdemeanor and felony charges (such as Patronizing a Prostitute, Penal Law Section 230.04, a Class A misdemeanor) can be levied against johns that solicited sex for money on the internet. Also, law enforcement has recently pursued the money launderers that helped finance illegal “massage parlors” and “escort services” advertising primarily online. In the latter case, serious felony charges of Enterprise Corruption (Penal Law 460.20) and Money Laundering can be levied. (Notably, our office represented an individual and corporation charged with this sort of conduct).

All of these charges can be defended in a variety of ways depending on the circumstances but may ultimately require a skilled advocate that can negotiate the best possible disposition to help the accused avoid jail or deportation. If you or a loved one have been arrested or charged with a crime stemming from craigslist or backpage, you should strongly consider contacting an experienced criminal defense attorney immediately. The attorneys at the Law Office of Matthew Galluzzo include three former Manhattan prosecutors, and they have successfully defended numerous individuals charged with controlled substance and prostitution-related crimes stemming from craiglist and backpage investigations.

Notably, the security guards at private clubs are not normally required to adhere to the Fourth Amendment rules about unlawful searches and seizures. Obviously, the Fourth Amendment instructs that police officers are not allowed to frisk someone without sufficient cause to do so, and any evidence obtained by an unlawful police seizure is inadmissible in court per the doctrine known as “fruit of the poisonous tree”. Thus, because private security guards at clubs are not generally constrained by the Fourth Amendment, a prosecutor can admit into evidence drugs that were obtained from a search by a private security guard that would have been inadmissible if performed by a police officer.

However, these club-search cases are very defensible in a number of ways. First, there can be serious chain of custody issues in these cases; a skilled defense attorney may be able to demonstrate that the private security guards failed to properly secure or keep track of the drugs once seized, or that they were intermingled with drugs seized from some other patron. In those cases, the prosecution may be unable to reliably attribute certain drugs to certain individuals, as required at a trial. Moreover, these private security guards often have not received nearly the same degree of training as police officers, and they also may not be as accustomed to being as diligent with respect to their paperwork. Accordingly, the credibility and reliability of the testimony of these bouncers and security guards may be very contestable at trial.

Though the majority of these types of arrests are for misdemeanors (usually charged as a violation of Penal Law Section 220.03), some individuals have even been “arrested” by club security guards and referred to the police for drug-related felonies such as violations of Penal Law 220.39 (Criminal Sale of a Controlled Substance in the Third Degree, often involving cocaine) or Penal Law 220.16 (Criminal Possession of a Controlled Substance in the Third Degree) or Penal Law 220.06 (Criminal Possession of a Controlled Substance in the Fifth Degree, for ecstasy/MDMA/molly and other drugs) or Penal Law 220.31 (Criminal Sale of a Controlled Substance in the Fifth Degree). Generally, drug-related crimes become felonies if the quantity of the drugs possessed is significant, if there is some evidence of an intent to sell on the part of the possessor, or if there was an actual sale. Notably, the definition of a “sale” in New York law includes the simple act of giving drugs to another person, whether there is money exchanged or not. See Penal Law Section 220.00(1). Thus, simply sharing drugs with a friend at a club or passing a single pill of ecstasy to a stranger could get you arrested and convicted of a felony.

If you or a loved one have been arrested for a drug-related crime at a New York City nightclub, you should strongly consider retaining an experienced criminal defense attorney immediately. The attorneys at The Law Office of Matthew Galluzzo have significant experience defending cases such as these and have regularly delivered excellent results. Contact them today to set up a consultation.

The first inquiry judges and prosecutors tend to make pertains to whether or not this is the client’s first arrest. A person who walks into court with no record will be in a better position to have their case “adjourned in contemplation of dismissal”, meaning the case will be dismissed and then sealed after a period of six months, assuming the client sustains no new arrests during that time. Client’s who receive such adjournments (“ACD”s) are usually required to complete community service or some form of drug treatment. A key benefit to an “ACD” is that there is no allocution (factual admission of guilt) and at the end of the six months the case is dismissed – rendering the arrest and prosecution a nullity. While this is obviously an ideal situation, clients who come into court on their second or third arrests will be less likely to receive such a favorable disposition in their case, and more aggressive steps will need to be taken in order to achieve the same goals. In addition to highlighting a client’s lack of/minimal criminal record, it is also helpful for an attorney to gather information about the client’s employment status, educational background, and any other relevant indicia of good character in order to persuade the judge or prosecutor that the client is deserving of a non-criminal disposition. The important thing to keep in mind is that the facts of every case are different. It’s up to your lawyer to highlight the relevant positive factors when making a solid pitch in order to secure the best positive outcome in any case.

If you or someone you know has been arrested or issued a desk appearance ticket, contact an experienced criminal lawyer immediately and set up a consultation so that you can adequately prepare your defense.

(First Time Arrests For Drug Possession in New York)

Are bath salts illegal in New York State?

Yes, although bath salts were once legally sold in stores, this is no longer the case; Gov. Cuomo recently passed legislation adding the ingredients found in bath salts to Schedule I of the Public Health Law. Under New York state law, there are five Schedules of controlled substances (contained in Public Health Law § 3306), and all of the controlled substances listed therein are illegal to possess without a prescription. Some of the typical ingredients used in bath salts now fall under Schedule I, with methylendioxypyrovalerone (MDPV) being one ingredient in particular and mephedrone being another. Notably, even if the ingredient used is not expressly listed in the Public Health Law under § 3306, under § 3306(a) it states that: “Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name, listed in this section.” Moreover, someone who unlawfully possesses a controlled substance in New York is probably subject to prosecution for some violation of Penal Law Chapter 220. Thus, a possessor of a controlled substance containing a banned ingredient cannot avoid criminal prosecution by claiming that the “street name” of his contraband is not specifically mentioned in the Public Health Law.

I was found in possession of bath salts and arrested – what are the potential consequences for me?

That depends on several factors, most important of which are your criminal record and the quantity of bath salts you possessed at the time of your arrest. The least serious charge is Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law Section 220.03), a class A misdemeanor punishable by up to one year in prison, that can be applied to any quantity of bath salts. More serious felony charges can also apply depending on the aggregate weight of the substance.

What happens if I allegedly had intent to sell a controlled substance?

In those cases, you are likely to be charged with a felony. Follow this link for more on this topic. Moreover, New York state has recently enacted legislation that allows prosecutors to pursue cases (with civil penalties and fines) against retail establishments that sell the chemical precursors commonly used to make bath salts.

Drug charges and convictions can lead to prison sentences and significant career consequences. Accordingly, if you or a loved one have been arrested or issued a Desk Appearance Ticket (DAT) for possessing or selling bath salts in New York City, it is essential that you speak to an experienced criminal defense attorney immediately.

First, a look at the applicable statue for misdemeanor drug possession – if you have been issued a D.A.T. for simple drug possession, this is most likely the charge that you face:

S 220.03 Criminal possession of a controlled substance in the seventh degree.

A person is guilty of criminal possession of a controlled substance in

the seventh degree when he knowingly and unlawfully possesses a

controlled substance.

Criminal possession of a controlled substance in the seventh degree is a

class A misdemeanor.

Being a class “A” misdemeanor, punishable by up to 1 year in jail, it is imperative to contact a lawyer immediately and to show up on your scheduled court date, otherwise a warrant will be issued for your arrest. As you can see, the penalties for even a small amount of cocaine can be severe…

The element of “possession” will be obviously very easy to prove if a police officer or undercover officer observes a person holding the substance, and in New York City we deal with these cases all the time. Often police observe individuals in cars or walking down the street sniffing cocaine out of tin foil – this will provide immediate cause to stop and detain the person – and usually leave the police with a very strong case. Other times undercover officers in bars will witness people in bathrooms sharing a quantity of cocaine and arrest every person who touches the substance. In cases where someone throws to the ground or abandons a quantity of cocaine, detectives or police will still be able to establish a charge of drug possession once they recover the item and it is confirmed to contain a controlled substance. Finally, if the police make certain observations that give them a reason to suspect that you have drugs in your pocket or in a bag you are holding, they may stop you and retrieve that substance (for instance, where they observe you buy from another individual moments before).

After you are arrested or issued a D.A.T., any substance recovered from you or an area you are observed throwing it to will be tested by the NYPD laboratory to confirm what it is, and so long as enough of the substance exists to confirm that it is in fact cocaine, you will be charged. If they have reason to believe there might be enough of the drug to sustain a felony charge, the police will also weigh the substance. If it is at least 500 milligrams, you will be charged with a number of felony drug possession charges, where the stakes are much higher.

While there are ways to fight a drug possession case (challenging the reasons the police stopped and searched you) the primary goal if you are issued a desk appearance ticket or arrested for misdemeanor drug possession is to avoid the imposition of a permanent criminal record. Over the years we have assisted professionals, lawyers, businessman – people of all walks of life – in avoiding the detriment of incurring a criminal record. There are things that we can do to help, so it is imperative to contact an experienced criminal lawyer who can guide you through the process and help you achieve the best possible result.

The Family Court process can be daunting for a family inexperienced in defending against allegations such as these, even in juvenile arrest matters. A young defendant and his or her family will most likely be interviewed by probation and if the charge warrants it, be brought before a judge where an adjudication of juvenile delinquency can be made either through an admission or, in some cases, after a fact-finding hearing. The Family Court Act requires the attendance of the juvenile respondent and his or her counsel to be present during such a hearing. It is for this reason, that it is important that your child’s rights are protected by a lawyer experienced in handling juvenile arrest cases. If an adjudication of juvenile delinquency is made, the Family Court Act requires a dispositional hearing to take place within 10 days of the adjudication (if the charge is a felony) or within 50 days of the adjudication (for all other cases). The possible outcomes of a dispositional hearing for a juvenile defendant are three: (i) a conditional discharge, which for all intents and purposes is an order from the court requiring the juvenile to stay out of trouble and comply with whatever other conditions the court deems necessary to correct the behavior, (ii) probation, which would imply reporting to a probation officer for a set period of time, or, in extreme cases (iii) placement in a juvenile detention facility. The court’s decision will be the result of a balancing of the needs of the juvenile against the need to protect the community.

Simply put, should a loved one or family member of yours require assistance in sorting out a family court or adult criminal matter, you should call The Law Office of Matthew Galluzzo.

The least serious marijuana sale crime is Criminal Sale of Marihuana in the Fifth Degree (Penal Law Section 221.35) (Note: the Penal Law actually still uses the antiquated “marihuana” spelling rather than the more-commonly used “marijuana”). That crime makes it a Class B misdemeanor punishable by up to 90 days in jail to “knowingly and unlawfully sell, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marijuana.” In cases where the amount of marihuana sold exceeds two grams or one cigarette, the person can be charged with Criminal Sale of Marihuana in the Fourth Degree, Penal Law Section 221.40, a Class A misdemeanor punishable by up to 1 year in jail.

Serious weight sales can merit felony charges punishable by state prison time. Specifically, it is a Class E felony to sell over twenty-five grams of marijuana (Criminal Sale of Marihuana in the Third Degree, Penal Law Section 221.45), a Class D felony to sell more than 4 ounces (Criminal Sale of Marihuana in the Second Degree, Penal Law Section 221.50), and a Class C felony to sell more than sixteen ounces (Criminal Sale of Marihuana in the First Degree, Penal Law Section 221.55).

Finally, it is also a Class D felony to knowingly and unlawfully sell marijuana to a person less then 18 years old (Criminal Sale of Marihuana in the Second Degree, Penal Law Section 221.50).

Undercover police officers routinely arrest people for selling marijuana in buy-and-bust and observation operations. In the former, undercover officers use pre-recorded buy money to purchase marijuana on the street themselves from suspected dealers. In the latter, officers watch suspected dealers in the hopes of seeing them engage in a marijuana sale, and then attempt to arrest both the buyer and the seller to make their case.

If you or a loved one have been arrested for selling marijuana, or even just given a Desk Appearance Ticket (DAT), you should strongly consider contacting the attorneys at The Law Office of Matthew Galluzzo. They have tremendous experience representing individuals charged with these types of cases all over New York City and the surrounding areas, and as former prosecutors, they are intimately familiar with the investigative techniques employed by law enforcement officers.

Even the simple private possession of a miniscule amount of crystal meth can get you arrested for Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor punishable by up to one year in jail. Possessing large quantities of crystal meth (methamphetamine) can also subject you to felony charges. Specifically, if you possess more than one half ounce of methamphetamine/crystal meth, you could be charged with the Class C felony of Criminal Possession of a Controlled Substance in the Fourth Degree (Penal Law Section 220.09[2]). If you possess more than two (2) total ounces, you could even be charged with Criminal Possession of a Controlled Substance in the Second Degree (Penal Law Section 220.18[2], a Class A-II felony), which is very serious.

Selling crystal meth/methamphetamine or possessing it for the purpose of sale can also subject you to felony prosecution. Possessing any amount of crystal meth/methamphetamine with the intent to sell it to another can get you arrested for Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D felony, see Penal Law Section 220.06(1), and possessing an eighth of an ounce or more of crystal meth/methamphetamine with the intent to sell it can also subject you to the charge of Criminal Possession of a Controlled Substance in the Third Degree, a Class C felony (Penal Law Section 220.16[7]). (Click here for more on the concept of possession with the intent to sell). Selling any small amount can get you arrested for Criminal Sale of a Controlled Substance in the Fifth Degree, a Class D felony (Penal Law Section 220.31), selling an eighth of an ounce or more will get you Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony (Penal Law Section 220.39[7]), and selling one half ounce or more will get you Criminal Sale of a Controlled Substance in the Second Degree, a Class A-II felony (Penal Law Section 220.41[5]).

The potential sentencing range for these charges is wide and depends largely on the criminal record of the accused. Drug treatment programs may be available to some addicts that are accused of crimes involving crystal meth/methamphetamine. If you or a loved one have been arrested for this charge and wish to speak to an experienced team of criminal defense attorneys, contact the lawyers at The Law Office of Matthew Galluzzo.

Although arrests and prosecutions are rare in New York state courts, a person can be charged with the Class D felony of Criminal Sale of a Controlled Substance in the Fifth Degree (Penal Law 220.31) for selling steroids, or the Class D felony of Criminal Possession of a Controlled Substance in the Fifth Degree (Penal Law 220.06[1]) for possessing steroids with the intent to sell them. After all, steroids are Schedule II controlled substances. See Public Health Law Section 3306(h). And, judicial diversion is available for people charged with a violation of Penal Law 220.31. Thus, a steroid addict charged with a steroid sale could theoretically be eligible for a judicial diversion treatment program for his steroid addiction.

The idea of a steroid addiction is also well supported by medical literature and recognized by the U.S. Department of Justice and Drug Enforcement Agency. Also, residential treatment facilities for steroid addiction exist in the NYC area. Thus, although we are not necessarily aware of any steroid addicts currently participating in a judicially-monitored diversion program in New York state courts, it seems likely that a steroid addict could, in fact arguably, take advantage of New York’s treatment-minded program for eligible criminal offenders.

If you have any questions about steroids and New York’s judicial diversion program in general, you should contact experienced criminal defense attorneys.