Switch to ADA Accessible Theme
Close Menu

Commonly Asked Questions by People Facing Drug Charges


Being accused of committing a drug crime can be a scary and confusing experience. If you are facing a drug charge, be it a possession, distribution, or trafficking charge, you may have several questions. Criminal defense attorneys get many questions from people facing drug charges. In this article, our NYC criminal attorney, Mark I. Cohen, answers some of the most commonly asked questions by individuals facing drug charges in New York.

  1. What types of penalties could I face if I am convicted of a drug crime?

In New York, the penalties for a drug crime vary depending on the specific offense and other factors surrounding the case. However, the potential penalties for drug crimes in New York include jail time, fines, probation, drug treatment programs, and community service. A qualified criminal defense attorney can examine your case and explain the penalties you risk facing if convicted.

  1. Should I hire an attorney for my drug case?

It is highly advisable that you hire a qualified defense attorney even if you are not legally obligated to do so. Even if you think you are facing simple drug charges, it is best to hire a skilled attorney. An attorney can protect and guide you and fight on your behalf.

  1. What are my rights if I am facing a drug charge?

You have several rights under both the state and federal constitutions. Your legal rights are designed to protect you and ensure fair treatment throughout the legal process. The following are some of the rights you have when facing drug charges in NY;

  • Right to remain silent
  • Right to an attorney
  • Right to be free from unreasonable searches and seizures
  • Right to be presumed innocent until proven guilty
  • Right to a speedy trial
  • Right to confront witnesses

It is crucial to assert your rights throughout the legal process. Consulting with a qualified defense attorney is vital to understanding and protecting your rights.

  1. Can I be charged for driving under the influence of drugs?

Yes, you can be charged for driving under the influence of drugs. Driving under the influence of drugs, even prescription drugs, can lead to driving while ability impaired (DWAI-Drugs) charges.

  1. Should I accept a plea deal for my drug charges?

There is no straightforward answer to this question. Whether or not you should accept a plea deal depends on the specifics of your case and your individual circumstances. Before accepting a plea deal, you should seek legal advice. An attorney can help you evaluate the potential benefits and consequences of the plea deal. Speaking with a qualified attorney can help you make an informed decision about whether or not to accept a plea deal.

  1. When can the police search my person, vehicle, or home?

In New York, the police can search your person, vehicle, or home if they have a valid search warrant, your voluntary consent, or probable cause to believe that a crime has been committed or is about to be committed.

Contact Our NYC Criminal Defense Attorney

If you are facing drug charges in New York, our skilled NYC criminal attorney, Mark I. Cohen, can help protect your rights throughout the legal process. Contact us today to schedule a consultation and discuss your case.

Facebook Twitter LinkedIn
The New York Criminal Bar Association
Avvo Clients' Choice Award 2017
Avvo Reviews Mark L. Cohen


"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.


"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York.


"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

Have an emergency? Call now
Translate »