Defending Your Rights When Possession Allegations Lack Evidence
Possession Charges defense in in the White Plains area for individuals accused of unlawful control over controlled substances or contraband
Law Office of Michael D. Litman, PLLC defends clients charged with drug possession offenses in White Plains, Greenburgh, Yonkers and surrounding areas, including cases involving marijuana, cocaine, heroin, methamphetamine, and other controlled substances. You may be facing charges based on drugs found in your car, home, or on your person, or you may be accused of constructive possession when the substance was discovered in a shared space. Possession cases often turn on whether the prosecution can prove you knowingly possessed the substance and exercised control over it, and whether law enforcement conducted a lawful search.
The firm files motions to suppress evidence obtained through unconstitutional searches, including stops without reasonable suspicion, searches without consent or a warrant, and seizures based on coercion or false information. Prosecutors must establish actual or constructive possession, which requires proof of proximity, knowledge, and dominion over the substance. In misdemeanor cases, the goal is often dismissal or a non-criminal resolution. In felony cases, the focus shifts to charge reduction, diversion eligibility, or preparation for trial.
If you have been arrested or charged with possession in the White Plains area, contact the firm to review the circumstances of your arrest and the strength of the evidence.
Case Strategy Built Around the Facts and the Law
Your attorney will examine the police report, body camera footage, search warrant affidavits, and any statements you made. The defense strategy depends on whether the drugs were found on your person or in a location where others had access, whether you were read your rights before questioning, and whether the stop or search was supported by probable cause. In cases involving constructive possession, the prosecution must prove more than mere presence; they must show you had the ability and intent to control the substance.
After resolution, you will know whether the charge was dismissed, reduced to a violation, or resolved through a plea that avoids jail time and limits your criminal record. Law Office of Michael D. Litman, PLLC prioritizes outcomes that protect your employment, housing, and immigration status when applicable. In cases where diversion is available, the firm pursues programs that result in eventual dismissal upon successful completion.
The firm does not handle federal possession cases or charges outside New York State. Representation includes motion practice, plea negotiation, and trial advocacy depending on the facts and the client's goals. Some cases are resolved without trial; others require a jury to decide whether the prosecution met its burden.
Clients often want to understand how these cases are evaluated and what defenses apply to their situation.
What Clients Ask About Possession Defense
It means you did not have the substance on your person, but you knew it was present and could control it. Your attorney challenges the sufficiency of this proof, especially in shared spaces.
What is constructive possession?
If police lacked a warrant, probable cause, or your consent, evidence obtained may be suppressed. Successful suppression often leads to dismissal.
How can a search be challenged?
Felony charges typically involve larger quantities or certain substances like cocaine or heroin. Misdemeanors involve smaller amounts or marijuana in some cases.
What is the difference between a misdemeanor and felony possession charge in New York?
Yes, through successful motion practice, insufficient evidence, or procedural failures by the prosecution. Your attorney evaluates every avenue for dismissal.
Can possession charges be dismissed?
First-time offenders may be eligible for diversion programs or adjournments in contemplation of dismissal, which result in no conviction if conditions are met.
What happens if this is my first arrest?
If you are facing possession charges in White Plains or a neighboring community, and need legal representation focused on protecting your rights and your record, contact Law Office of Michael D. Litman, PLLC to discuss your case.