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How much time does one face when indicted on conspiracy to posses and distribute a drug substance?

Cheektowaga, NY |

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Attorney Answers 2


It depends on the amount of weight of the sale. You have not provided enough information.
On the other hand, if you are faced with such a charge, you should immediately see an attorney. These cases should never be handled by an amatuer. Be sure the attorney is a Criminal Defense attorney. If he is for real, he ought to belong to one of the following organizations NACDL, NYSACDL, ABA Criminal Justice Section, NYS Bar Criminal Justice Section, NYS Defender's Association. If he is well respected by his peers he will have held office in one of these organizations. If not you ought to find out why he hasn't had that experience.

He should have at least 6-12 hours of CLE focused on Criminal Law and for a felony, at least half of it ought to be advanced practice courses. A lawyer who is too busy to belong to an organization that supports criminal defense or to attend Criminal Justice CLE's is not a good lawyer for an important case.

Does your attorney write articles? Does he answer AVVO questions? What is his AVVO rating? if he doesn't have one, I wouldn't want to have him as my attorney. Does he write a blog? What is it about? Has he gone to trial before, if he is handling a felony does he have at least a half dozen or so jury trials under his belt? Has he taken a trial course like NITA and if not why? If he has, what is he doing to stay sharp between trials? IT is a learned skill. Like any skill to keep sharp you have to practice.

I hope this will help you find someone who can give you the information you seek. Good luck

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While I agree that your question leaves too much information out to give you a complete and accurate answer, if you are being charged with conspiracy to possess and distribute drugs, usually you're dealing with at least a "B" Felony and more than likely an "A" Felony, both of which carry substantial upstate prison sentences in New York.

However, there are a number of new amendments that have been enacted to the old Rockefeller Laws that used to put people in jaili for life for what you seem to be talking about. The new laws offer all kinds of changes that are substantial and also offer alternative programs like the Willard Program and Shock, both of which put you into a treatment program or a "boot camp" atmosphere for a limited period of time and then release you earlier than if you were sentenced to jail.

Make sure that whatever lawyer you hire is an experienced criminal defense lawyer who has substantial trial experience. I don't agree that they must be a member of any particular Association because that sometimes can just be a reflection of a dues payment. Taking a trial course can make a difference, but in my experience, a good trial lawyer has "it" in his/her bones from the very beginning and then hones their skills over many years with experience. The best way to tell who is an experienced lawyer is to talk to a number of lawyers in your area and ask them. See which one's name comes up the most often. Or you may wish to speak to a couple of Court Officers. They are probably the best to evaluate the best attorneys because they get to see all of them from time to time and all they have to do with their time is sit and watch the proceedings and make judgments as to which attorneys they would hire if they were arrested for the same charges as you have against you.

Or you may ask the Legal Aide attorneys who they think are the best lawyers that they know of in your area.

Good luck.

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