Legal Question in Criminal Law in New York

I have a friend, recently charged with a crime: 220.16 FB (CRIM POSS CONTRL SUBST-3RD B Felony) . He already has one arrest and conviction for this same charge (20-odd bundles of heroin, no direct sale) but got turned loose on probation. Which he promptly violated and went back to selling heroin. He was busted for possession AGAIN, but AGAIN, the cops couldn't get him with a direct sale. He DEFINITELY had the dope on him, and though he says there was no "reasonable suspiscion" to search him, he WAS coming out of the Needle Exchange, and besides, the Cops can always claim they got an anonymous tip, right?

He thinks being a nice white middle class 35-year old will get him probation or maybe an (outpatient!) drug program this time too. I think the S.O.B. is going to jail. Even if he pleads it out, what's the best he can hope for? And, if he and his attorney are dumb enough to take what looks like a god case for the prosecutor to trial, what do you think the prosecutor would want? Thanks for listening. And answering, if you would.


Asked on 10/05/10, 5:49 pm

1 Answer from Attorneys
peter bark bark & karpf

Since he only has drug arrests he may very well make a deal for treatment instead of jail. He would probably have to go in patient to avoid jail. He may have a defendable case, but could still go to jail on the violation of probation even if he beats the new case. He should try for a program.

Read more
Answered on 10/11/10, 9:16 am


Related Questions & Answers

More Criminal Law questions and answers in New York