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If you’ve been charged with drug crimes on Long Island, you’re probably worried about how a conviction could affect your freedom and your future. Fortunately, there are ways you can seek to avoid the harshest consequences by having the charges reduced. Here’s what you need to know about the process.
Factors That Influence Prosecutors’ Decisions
Prosecutors may reduce the severity or grading of drug charges against a defendant for various reasons. Some of the factors that influence prosecutors’ decisions include:
- The severity of the offense: Prosecutors may feel more inclined to reduce drug charges involving less serious offenses, such as possession. However, they may take a more rigid stand in cases involving significant drug crimes like trafficking or aggravating factors like selling near schools.
- The type and quantity of drugs involved: Prosecutors may decline to reduce drug charges against defendants found in possession of large quantities of dangerous drugs, such as fentanyl, heroin, methamphetamine, or cocaine.
- The defendant’s criminal record: A defendant with a criminal history, including one with prior drug convictions, may have less of a chance of obtaining a reduction of their present charges as prosecutors may view such a defendant as having demonstrated their inability to change despite prior leniency.
- The circumstances surrounding the arrest and investigation: Complicating factors in the investigation and arrest in the case, such as an unlawful search or arrest, may convince prosecutors to negotiate a plea deal that includes a reduction in the grading of a defendant’s drug charges due to potential weaknesses in the prosecution’s case.
Legal Strategies for Reducing Drug Charges
Ways that criminal defendants facing drug charges in Long Island can seek to reduce the severity of their charges include:
- Plea bargaining: Defendants may negotiate plea deals with prosecutions in which the prosecution agrees to reduce the severity of a defendant’s charges in exchange for their guilty plea to those reduced charges. A plea deal may also include the prosecution’s agreement to recommend favorable sentencing under the defendant’s reduced charges.
- Drug diversionary programs: New York operates criminal drug treatment courts. These programs admit defendants facing felony or misdemeanor charges when drug addiction played a role in their offense. The program requires defendants to submit to court supervision and drug counseling. Successful program completion may result in the reduction or dismissal of the defendant’s charges.
- First-time offender programs: When defendants do not qualify for drug treatment, they may qualify for other pretrial diversion programs for first-time offenders. These programs also require defendants to undergo supervision and counseling in exchange for having their charges reduced or dismissed upon completing the program.
- Excluding evidence from the prosecution’s case: A defendant may successfully reduce the grading of their drug charges by having the trial court grant a motion to exclude specific evidence from the prosecution’s case supporting the more severe charge. Courts may exclude evidence when investigators unlawfully obtained it, such as through a search without a warrant or probable cause or a custodial interrogation that occurred without investigators advising the defendant of their rights.
How Can a Criminal Defense Attorney Help?
Defendants facing drug charges may have difficulty convincing prosecutors or a court to reduce their charges. A criminal defense attorney can help you pursue a favorable resolution to your case by reducing your drug charges in Long Island by:
- Thoroughly investigating your charges to obtain evidence that may help convince prosecutors to reduce the charges
- Evaluating your legal options, including your eligibility for pretrial diversionary programs
- Contesting the prosecution’s case at each stage, including moving to exclude unlawfully obtained evidence and reduce/dismiss your charges accordingly
- Vigorously negotiating for a favorable plea deal that includes a reduction of your charges and a sentencing recommendation from the prosecution
Contact a Criminal Defense Lawyer Today
If you’ve been arrested and charged with drug offenses on Long Island, experienced legal counsel can help you seek a reduction in the severity of your charges. Contact Michael A. Arbeit, PC, today for a confidential consultation with a drug defense attorney to discuss your legal options.