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White Plains Marijuana possession lawyer

When most people think of an arrest for a marijuana crime in New York, they likely envision someone caught smoking a joint or an individual who is accused of being a local drug dealer. However, federal marijuana drug cases typically entail the involvement of federal agencies like the Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), or Federal Customs agents and may involve hundreds of pounds or even tons of marijuana. These agencies investigate marijuana cases that involve many potential defendants involved in the cultivation, sale, and distribution of significant quantities of marijuana.

Most marijuana criminal cases are handled in state court; therefore, many criminal defense attorneys lack experience defending clients charged with marijuana offenses in Federal Court. Our federal marijuana defense attorneys at Greco  Neyland, PC regularly defend clients in the federal courtrooms of the Southern District and Eastern District of New York. When you are charged with a marijuana offense in Federal Court, you risk the potential for a lengthy prison term. Further, judges that preside over federal drug cases do not have the flexibility in sentencing entrusted to state court judges. Federal judges must impose sentences according to a complex matrix that involves longer maximums than state court and mandatory minimums in many cases.

When you face exposure to many years in federal prison, you cannot afford to take chances with a federal marijuana defense attorney who does not have a wealth of experience defending people charged with drug crimes in Federal Court. The procedures, rules of evidence, and court rules differ substantially in Federal Court as compared to State Court, so you need a law firm that regularly takes on the Assistant United States Attorney in federal drug cases. The partners that established our law firm not only have a proven track record of success defending individuals charged with federal marijuana crimes, but they also offer the experience of former drug prosecutors.

Penalties for Marijuana Sales or Cultivation in NY Federal Courts

The FBI and DEA consider a range of evidence when making a determination that a person should be charged with selling cannabis. This evidence may include:

  • Possession of large amounts of marijuana, scales, baggies, documents related to sales, multiple cell phones, and other drug paraphernalia;
  • The quantity of marijuana; and
  • The number of marijuana plants.
  • Punishment for Selling Marijuana

The penalty that an individual who had been charged with a crime involving the sale of marijuana depends on the amount of marijuana involved in the charged offense. A couple of the standard sentences include:

Quantity: 50 kilos (102 lbs.)

Prison Term: 5 year maximum

Maximum Fine: $250,000

Quantity: 100 kilos (220 lbs.)

Prison Term: 5 year mandatory minimum up to 40 years

Maximum Fine: $500,000

These severe penalties double if the marijuana is sold to a minor or within a thousand feet of a school. A person also can be convicted for a maximum three year term for selling paraphernalia like bongs, rolling paper, pipes, and other items associated with the use of marijuana.

Punishment for Marijuana Cultivation under Federal Drug Laws

Like the penalties imposed for the sale of marijuana based on the quantity of the drug, punishment for cultivation is based on the number of marijuana plants.

Number of Plants: Fewer than 50 plants

Prison Term: 5 year maximum

Maximum Fine: $250,000

 

Number of Plants: 50-99 plants

Prison Term: 20 year maximum

Maximum Fine: $1,000,000

 

Number of Plants: 100-999 plants

Prison Term: 5 year mandatory minimum up to 40 years

Maximum Fine: $500,000

This is a simplification of federal sentencing pertaining to marijuana offenses because there are many exceptions and other factors that can impact the sentence imposed by a federal judge. If you are facing these types of penalties, you need federal marijuana defense attorneys who are prepared to take your case to trial and tenaciously fight for your future.

Providing Effective Defense in Federal Marijuana Cases

When you are up against a mandatory minimum without parole, you need federal drug defense attorneys rather than attorneys devoted almost exclusive to state court. Because our attorneys at Greco  Neyland, PC routinely handle federal criminal defense, our offices are conveniently located close to the Southern District Federal Courthouse and the Eastern District Federal Courthouse. Please call us today at (914) 358-9146 or click here to schedule your free consultation, so we can start fighting for you.

About US

CHALLENGING CORRUPT LAW ENFORCEMENT TACTICS – NEW YORK CRIMINAL DEFENSE LAWYERS

When corrupt law enforcement officers or overzealous prosecutors focus the unlimited resources of the government on depriving you of your freedom and damaging your reputation, you need White Plains criminal defense lawyers who have a pugilistic attitude. At Greco Neyland PC, we are not interested in “going along to get along” with the prosecutor. We are trial attorneys with the insider knowledge of former assistant district attorneys. We know that individuals charged with drug crimes, sex offenses, domestic violence and other offenses do not need a defense attorney who is simply going to accept the first offer extended by the prosecutor.

WHITE PLAINS CRIMINAL DEFENSE LAW FIRM – FOCUSED ON PREVAILING IN CRIMINAL TRIALS

Our White Plains criminal defense lawyers tenaciously challenge police procedure in pre-trial hearings. We routinely conduct extensive investigations, so we can gather exculpatory facts and identify inappropriate and illegal law enforcement conduct. Our White Plains criminal defense attorneys use this information to seek the exclusion of evidence or to effectively cross-examine police officers and other prosecution witnesses. If our clients retain Greco Neyland PC during the pre-charge stage of a criminal case, we begin fighting for their future by exposing weaknesses in the prosecution’s case and asserting our client’s constitutional rights to limit the scope of the investigation. Our early intervention can prevent charges from being filed or result in less serious or fewer criminal charges.

When you face the criminal justice system without an experienced criminal defense attorney who is ready to go to war for clients, you risk the prospect of a highly winnable case being pled out. You need White Plains criminal defense attorneys prepared to scorch the earth litigating on your behalf in light of the serious consequences of a criminal conviction. Some of these penalties may include jail or state prison time, huge fines and other costs, a record of conviction, loss of driving privileges, registration as a sex offender, forfeiture of constitutional rights, restraining orders, mandatory counseling and/or education programs and probation.

As if these forms of punishment are not enough, a criminal conviction typically snowballs so that it adversely impacts many aspects of your life even after you have fully served the terms of your sentence, parole or probation. Some of the ways that a criminal conviction might affect you include:

  • Disqualification from professional licensing (i.e. doctor, lawyer, accountant, etc.)
  • Adverse impact in divorce or child custody cases
  • Negative responses by future landlords
  • Potential immigration consequences including removal and ban on re-entry
  • Limitations on career advancement
  • Discipline by academic institutions that might include suspension, denial of admission or expulsion
  • Ineligibility for certain jobs requiring a state license
  • Damage to your relationship with your significant other and your kids

EXPERIENCE, SKILL AND TENACITY TO PROVIDE EFFECTIVE DEFENSE TO ALL WESTCHESTER COUNTY CRIMINAL CHARGES

Whether you consider only formal sentencing terms or other long-term consequences, you do not want a White Plains criminal defense attorney who will be deterred when a prosecutor claims that your case is not winnable. Our criminal defense attorneys have built our reputation on winning just this type of case at trial by closely scrutinizing physical evidence, witness statements, forensic testing, expert reports, police procedures and essentially every other aspect of a case from the initial contact with law enforcement through trial. At the end of the day, trial experience is the number one factor that will help you. Having an attorney who has tried cases like yours before a jury for years and years, is going to give you the edge you need.

Our White Plains criminal defense attorneys carefully review all evidence and law enforcement reports along with utilizing our own investigators and experts to construct a compelling defense for our clients. While the defenses we use will be tailored specifically to your case based on factors like the nature of the charges, facts, evidence and police procedures, some defenses that we might successfully employ can include:

  • Challenging the legal sufficiency of the evidence for a stop, search or arrest
  • Seeking exclusion of evidence obtained in an unlawful search
  • Aggressively cross-examining law enforcement officers and other witnesses
  • Demonstrating that the accused does not have the specific intent (mental state) to commit the offense
  • Self-defense or defense of others
  • Alibi
  • Exposing motivations for complaining witnesses to lie or distort the facts
  • Reviewing law enforcement records to identify officer misconduct or bias
  • Attacking chemical testing of blood alcohol concentration (BAC)
  • Failure to prove the chain of custody (i.e. uninterrupted transfer of physical evidence like drugs)
  • Arguing the prosecution has failed to prove every element of a criminal offense beyond a reasonable doubt
  • Establishing consent by the complaining witness
  • Impugning the reliability of field sobriety testing
  • Exposing lab contamination and improper procedures
  • Using experts in ballistics, DNA analysis, accident reconstruction and other areas of specialized knowledge

CONTACT OUR NEW YORK CRIMINAL DEFENSE ATTORNEYS TODAY SO WE CAN BEGIN FIGHTING FOR YOUR TOMORROW!

While this list represents only a small sampling of the defenses that we may successfully use to protect our clients’ freedom and reputation, the point is that we consistently develop potential trial strategies rather than merely posture about trial while waiting for an offer from the prosecutor. Because our White Plains criminal defense lawyers have earned a reputation for taking cases to trial, prosecutors recognize that our pugilistic nature means that we are not looking to settle a case on the eve of trial. We are prepared to defend our clients’ rights, liberty, reputation and future. This is not to say we never entertain the possibility of a favorable plea agreement, but we consider such offers on our clients’ terms based on preparation of an effective criminal defense strategy at trial.

When you are facing the enormous litigation resources of the state, prosecutors who may be politically motivated and police officers willing to violate your constitutional rights, you need a criminal defense attorney ready to engage in battle rather than pander for an amicable agreement with the prosecutor. Whether you are falsely accused or got caught up in regrettable circumstances, our criminal defense attorneys are here to be your advocates – not to judge you.

At Greco Neyland PC, our White Plains criminal defense lawyers represent clients facing the full spectrum of criminal offenses from misdemeanor charges like DWAI and prostitution to serious felonies like drug trafficking and murder in White Plains and the surrounding areas of New York City.

Our White Plains criminal defense lawyers at Greco Neyland PC have the experience and commitment to defend you against the full range of criminal charges, including but not limited to the following: