Controlled Substance Possession (Illicit drugs)



New York state law is designed to “crack” down on illegal possession of controlled dangerous substances (CDS), which covers a wide variety of narcotics and drugs. Most narcotics crimes are felonies. Possession of a CDS like such as crack, cocaine, LSD and heroin tend to have harsher penalties than possession of marijuana. Narcotics possession may also mean you are facing federal drug charges, in which case the risks are greater, the prosecution is stronger, and you will need an experienced Buffalo, NY drug crime attorney like Attorney Andrew S. Travis.

The severity of the crime, misdemeanor or felony, is determined by the amount of drug and type of drug in possession. Controlled substances are classified under New York’s drug schedule I to V, including illicit drugs and certain prescription drugs that are misused used to get a high. Possession of these controlled substances can be on a physical person or in a car. Illicit drugs in your car are presumed to be yours and even a small amount can charged as a felony crime.


If you are facing charges of drug possession in Buffalo, NY, contact Attorney Andrew S. Travis. Attorney Travis will determine whether your drug charges can be dismissed entirely or negotiated for a favorable plea bargain. He will question the validity of the search and seizure and whether a motion can be filed to suppress any evidence that was unlawfully obtained. He will bring out the failures of the Prosecution to prove all elements of the case. Trust Travis.

Common defenses we raise in drug possession cases are:

  • Unlawful search and seizure: According to the Fourth Amendment, if the evidence obtained was not within “plain view”, for example it was found in the trunk, it cannot be submitted for trial.
  • Not your Drugs: belong to another person defense.
  • Look like Drugs: but not controlled substances. The prosecution must present chemical lab tests to prove that the substance was a drug.
  • Evidence Missing: If evidence is lost during the transfer from place to place, it may weaken the prosecution’s case.
  • Coercion or Entrapment: If you were forced or lured by someone else to hold the drugs for them.
  • Immunity: If you called for medical help due to an overdose and were then arrested for drug possession, you may be protected from being prosecuted.