Drug Cases - New York and Federal Courts

Published by Thomas A. Tormey, Jr., November 2, 2020.

New York and federal drug cases are some of the most serious crimes in our society.  If you, or a loved one, have been arrested for one of these drug crimes, you should contact a highly experienced, aggressive drug defense attorney immediately.  A knowledgeable, experienced attorney will help guide you through the process of defending the case and get you the best possible result.  Tom Tormey is precisely that kind of lawyer.

·      The Laws Governing Drug Cases

In New York State, Article 220 and Article 221 of the New York Penal Law set forth the laws governing drug and marihuana offenses.  In the federal system, Title 21 of the United States Code governs the law applicable to drug crimes.  Under either state or federal law, a person convicted of these offenses often faces very harsh penalties.

It is illegal to manufacture, sell, distribute, possess, or possess with intent to sell any controlled substance in New York or the United States without prior authorization.

The federal law, 21 U.S.C. § 802(6) defines a “controlled substance” as any of the substances in listed Schedules I, II, III, IV, and V (these are Roman Numerals for the numbers 1, 2, 3, 4, and 5) of 21 U.S.C. § 812.  That section sets forth the five different schedules referred to above, and it lists the many, many, different types of drugs that are “controlled substances.”

These include but are not limited to:

o   Heroin

o   Cocaine

o   Marijuana

o   Barbiturates

o   Prescription drugs that are illegally prescribed or abused

o   Over the Counter drugs that were altered

o   Other illegal substances

Under New York law, Section 220.00 (5) of the Penal Law defines a controlled substance as anything listed in Schedule I, II, III, IV, or V or the New York Public Health Law, other than marihuana.  Article 221 of the Penal Law sets forth the offenses relating to marihuana.

·      Different Types of Drug Crimes

There are many different types of drug crimes, but there are always a few types that keep coming up in court.  The two most common kinds of drug cases are possession cases and sale cases.

o   Possession Cases

Just like there are different types of drug cases, there are also different types of possession case.   A simple, or straight possession case, is a case where drugs are in the direct, physical control of the person.  In these cases, the drugs are often found in a pocket, in the underwear, the sock or somewhere else on the person.  The drugs may also be in a backpack or in a bag that the person is holding.

Another type of possession is called “constructive possession.”  In a constructive possession case, the person arrested does not have direct physical control of the drugs.  These cases are a little more difficult to prove.  If, for example, the drugs are in a safe deposit box and the person arrested has the keys to that same safe deposit box, they are said to have constructive possession of everything in that safe deposit box.  There are many other examples of constructive possession but essentially it is a case where the person has knowledge of the drugs and the ability to control the drugs.  For example, the owner of a car may have constructive possession of the drugs that are in the trunk of the car.

Another type of possession case is possession of a controlled substance with an intent to sell or distribute the drugs.  In this type of case, there is usually some evidence that the person in possession of the drugs is intending to sell or distribute the drugs to others.  This type of possession is often more serious than a straight, simple possession case.

As in all drug cases, the penalties are based on the type and the amount of the drugs involved.

o   Sale Cases

Besides possession cases, the sale of a controlled substance constitutes another prevalent type of drug case.  These are cases where the police or prosecutors accuse a person of selling or distributing drugs and like possession cases there are different types of drug sale cases. 

A “sale” is defined in Section 220.00(1) of the New York Penal Law.  That section defines the word “sell” as “to sell, exchange, give or dispose of to another, or to offer or agree to do the same.” As you can see from even a quick reading of this section, a charge of “selling” a controlled substance to another person can occur even where a person simply gives the controlled substance to another person, or even if they just “offer” to give it to them.  This definition often surprises people.  For example, if you give a small amount of a controlled substance to someone, even without receiving any money or anything at all in return, it is still considered a “sale.” All “sale” cases are very serious and can have some dire consequences.

Common examples of “sale” cases are:

An “Undercover Sale,” or a “U/C Sale” is a case where a person allegedly makes a sale to an undercover police officer or federal agent.  An Undercover Sale is one of the most common types of “sale” cases. 

Another type of “sale” case is where a person allegedly makes a sale to a civilian who is secretly working for the government or the police.  The “buyer” in this case is known as a Confidential Informant (“C/I”), and this type of “sale” is called a “controlled buy” or a “controlled sale” case.

Yet another type of “sale” is where a person is arrested and charged with the sale of a controlled substance where the only proof of the sale is the observations of the police or other third parties.  That means that if someone observes the sale take place, the seller is arrested for “sale” while the buyer is often arrested and charged with “possession.”  This type of “sale” case is called an “observation sale,” and it carries with it the same penalties as any other drug sale, although it is sometimes more challenging for the prosecutors to prove.

“Sale” cases are generally treated much more seriously than possession cases.  No matter what the type of case, however, whether it be for manufacturing, distribution, possession, or sale, the type of drugs and the quantity of the drugs involved always affects the charge.  The greater the amount of the drugs, the more serious the offense, and hence, the more serious the penalties will face the accused.

Penalties

The penalties for drug cases in New York run from the very minor to the very serious.  Possession of a small amount of a controlled substance is just a Class A Misdemeanor (Penal Law § 220.03) while possession of eight ounces or more or sale of two ounces or more of a controlled substance is a Class A-1 felony for possession of (Penal Law § 220.21).  (Penal Law § 200.43).  A Class A-1 drug felony is one of the most serious crimes in the New York Penal Law. 

If a person is charged with a Class-A Misdemeanor they may get little or no jail time.  In fact, they may not even end up with a criminal record.  But, an A-1 Drug Felony carries with it the very stiff penalty of at least eight years in jail and possibly up to 20 years in prison, or a fine of $100,000.  The circumstances of the case and the background of the defendant will dictate how each case is prosecuted and the sentence that may be imposed and that is why it is important to have an experienced drug attorney on your side, to give you the best chance of a good result.

Marihuana (This is how the New York Penal Law spells it) or Marijuana Offenses

As mentioned above, in the New York criminal justice system, marihuana offenses are treated differently than controlled substances.  Still, an arrest for marihuana can carry with it significant or even harsh penalties, depending on different factors.

Article 221 of the Penal Law sets forth the various marihuana offenses.  The lowest offense is a violation, which is a non-criminal offense.  The highest marihuana offense is a Class C Felony.  The lowest level offense, the non-criminal offense of a Violation, carries with it the maximum penalty of just 15 days in jail.  A person charged with a marihuana violation may even be entitled to a dismissal of their case, while the highest-level marihuana offense, a Class C felony, carries with it the possibility of up to 15 years in prison.

As you can see, while it may be treated differently, depending on the level offense and the amount of marihuana involved, you may still be facing severe penalties.

Tom Tormey’s Experience Handling Drug Cases

Tom Tormey has extensive experience handling drug cases in both the New York and federal courts. 

Mr. Tormey began his career as a lawyer in 1978 as a prosecutor in the Manhattan District Attorney’s Office.  This office is, perhaps, the most, prestigious prosecutor’s office in the country. 

Then in 1979, Mr. Tormey was assigned to work in the Office of the Special Narcotics Prosecutor for the City of New York (SNP). 

So, from 1979 to early 1990, the years when New York City was in the midst of a major drug epidemic, Mr. Tormey served as a drug prosecutor in the Office of the Special Narcotics Prosecutor for the City of New York.  During the years that Mr. Tormey worked in Special Narcotics, he investigated, prosecuted, and tried many people accused of all types of drug crimes, from undercover sale cases, observation sale cases, possession cases, drugs, and weapons cases, and even drug-related arson and homicide cases.  Many of these cases were the result of the use of a multitude of investigative methods, including wiretaps and other forms of electronic surveillance. 

Eventually, in 1986, Mr. Tormey was promoted to the position of Bureau Chief of the elite Special Investigations Bureau (“S.I.B.” or “Special Investigations”).  Only highly experienced, accomplished prosecutors worked in S.I.B. and Mr. Tormey was their Chief.  All of prosecutors assigned to S.I.B. focused on complex drug cases using wiretaps, electronic surveillance, and many other investigative methods.  As a result of their efforts, many large-scale dealers were arrested and prosecuted, and the police often seized substantial quantities of narcotics and weapons.

Then, in 1990, after leaving Special Narcotics, Mr. Tormey began representing people who were accused, sometimes wrongfully, of various drug offenses and other criminal activity. 

Because of his years as a drug prosecutor, as well as his many years defending people accused of drug crimes, Mr. Tormey has unique insight into the defense of drug cases.  His approach to defending someone charged with a drug crime has always been to analyze both sides of the case carefully.  In doing so, he can often provide the best possible defense to the charges. 

Mr. Tormey has handled cases involving large quantities of illicit drugs, including marihuana, cocaine, and heroin.  He has used the knowledge and experience he acquired as a prosecutor and the skills he has developed as a criminal defense attorney to assist many people charged with drug offenses.

Not only is Tom Tormey an attorney with tremendous experience handling drug crimes, he is also a person who understands what you and your family are going through.  Mr. Tormey is a person who can help you through this process.  He will talk to you and your family, free of charge.  He will discuss your case with you.  He will analyze your case for you, and he will tell you how he can help you.  

Call Mr. Tormey today.  You’ll be glad you did.

© 2020 Thomas A. Tormey, Jr.