Perhaps you are facing a particularly lengthy sentence due to drug possession charges. Maybe you are anticipating pleading down charges to escape dealing charges. Either way, hiring an experienced attorney has been an option you have mulled over, especially with sentencing coming up.
You are well within your rights to delay sentencing if you want to change counsel. Should you go that route, here are ways that drug possession law representatives can fight during this stage to get an incredible deal that public defenders often have little time to negotiate.
AUTOMATICALLY PLEAD GUILTY?
NOT ALWAYS A FORCED DECISION
Every year, jailed offenders find themselves believing that automatically pleading guilty would avoid battling prosecutors, judges and get their charges over with. Some prefer appearing without counsel, or pro se, and filing jailhouse petitions in forma pauperis, or "as a poor person," to attempt dropping these drug possession charges. Both are extremely dangerous territories to enter, especially since prosecutors want your head, and judges are more likely to take their recommendations.
Should anyone feel compelled to "bully" you into accepting guilt which could easily be challenged by drug possession attorneys knowledgeable of courtroom etiquette, it is better to ignore their egregious attempts and seek professional defense.
Having experienced testing, arrests and punishments, perhaps you would entertain getting these arrests and charges expunged from criminal court records for your career, family or traveling purposes. Provided you perform well in your trial and follow rules, you may receive this.
SENTENCING HEARINGS IN DRUG CASES
STRESSFUL FOR EVERYONE
Once you, the drug possession law attorney and DA have formulated some sort of game plan, everyone signs and another court date will ensue. Generally speaking, provided everyone agrees to the stipulations within any deals that were made, judges will immediately sentence based on guidelines. Under some circumstances, however, judges have denied the present deals when too light of sentences or fines are included, the verbiage was wrong, or you have committed too many drug possession violations to merit leniency.
In certain situations, cases end up at trial because the DA lacked evidence, arresting officers lacked jurisdiction, or your drug possession attorney feels that graven injustices occurred along the way.
If your sentence was ridiculous, was not agreed upon or you simply believe many errors occurred during the trial process, your attorney will file an appeal on your behalf, which pushes the case into New York’s higher court system for review and either affirmation or reversal of the decision. As the accused, your rights under the U.S. Constitution, and New York law are protected. Finally, though, your courtroom theatrics are finally through, and it is time for facing the aftermath.
STUDY DRUG POSSESSION LAWS IN NEW YORK
MAY HELP ONE DAY.
Is your sentencing hearing several months away? Have you bonded out, but want to beat your drug charges so private counsel is necessary? Study the laws of New York, the ways drug charges are treated in court and what expectations you can have. That knowledge is golden.
More importantly, being adamant about your freedom, and long-term money savings means making the plunge into your bank account when trouble befalls you. Spend less on your defense, and watch dreams of sweet plea deals head south quickly.
If you’re unaware how drug possession law in New York applies to you, phone an aggressive attorney who cares. Our firm is convenient to defendants in Brewster, or we’ll discuss your case via phone first at (845) 363-1994.
This blog is for informational purposes only and does not constitute legal advice.