New York Drug Selling Frequently Asked Questions
If you are convicted of selling illegal drugs such as cocaine or marijuana, you could face significant consequences. The same may be true if you attempt to sell prescription drugs whether they were obtained legally or not. Individuals who are charged with selling any type of controlled substance may benefit from seeking the advice of an attorney. Legal counsel may be able to answer your questions and help to create a defense to the charge.
Do You Have to Sell Drugs for Money?
Under New York law, you don’t have to actually sell drugs for money to be charged with this crime. Authorities can charge you with selling drugs in the event that you exchange them for other controlled substances or anything else of value. In fact, the law says that you can be charged with selling drugs even if you don’t actually receive anything of value in return.
Doctors Are Not Allowed to Sell Prescriptions
It is important to note that a doctor, dentist or anyone else with the authority to dispense medication cannot sell a prescription. To be prescribed a medication, a patient must have a legitimate need for it. Therefore, if you sell oxycodone or similar drugs, you could still be charged with a crime even if the prescription itself is a valid one.
What Factors Go Into Determining a Sentence?
If you are convicted of selling drugs in New York, there are many different penalties that could be handed down. For instance, you could be sentenced to a year in jail or prison for a first offense. If this isn’t your first offense, you could face multiple years in jail.
Other factors that a judge will look at include whether force or other types of threats were used when the transaction was completed. This could include physically forcing someone to accept a drug or to write a prescription on your behalf. It could also mean that you used threats of violence to compel someone to buy a controlled substance.
As with any criminal case, you could receive a lenient sentence for expressing remorse for what you did. An apology to the judge, to your buyers or to anyone else impacted by the crime could show that you recognize the gravity of your crime. Your attorney may be able to talk more about what should go into the apology and the importance of being sincere.
What Happens If I Sell Near a School?
If you sold drugs near a school you could face additional penalties such as extra time in jail or prison. You could be charged with selling near school grounds whether you intended to sell to a student or not. Depending on how much was sold, the law may consider you a major trafficker, which can also result in enhanced penalties.
While a drug sale charge is a serious offense, simply being charged doesn’t mean that you committed the offense in question. Talking to an attorney may make it easier to learn about the legal process and your rights under the law. You can start your search for professional legal counsel by visiting criminallawyersnyc.com.
May 17, 2018
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