Your Syracuse Drug Possession Attorneys
A drug possession charge can have a catastrophic lifetime impact. Cambareri & Brenneck, your criminal defense team, can help.
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OUR NATIONAL RECOGNITION
Experienced Drug Possession Attorneys
Trust former prosecutors to handle your drug possession case.
Type Of Cases
What About Drugs in the Car?
Under the “Automobile Presumption” outlined in NYS Penal Law section 220.25, the presence of a controlled substance in a car is presumed to belong to all occupants. Even if you were unaware of the drugs found, the law considers them yours unless evidence is presented to prove otherwise. However, this presumption does not apply to marijuana, as it is not classified as a controlled substance under New York law. The presumption also extends to guns and certain weapons. In addition, the broader “Room Presumption” applies to both guns and drugs, where if they are visible in a room, they are presumed to belong to everyone present. Combining weapons and marijuana can lead to more severe felony charges.
Explore your legal options with an experienced and knowledgeable former prosecutor before a plea deal is entered. We take all situations into consideration to get you the best results.
What are the Possible Defenses?
Our drug possession attorneys employ various defenses tailored to your situation, including: infancy defense for those under 16, lack of knowledge of possession due to framing, dismissal based on profiling or police misconduct, leveraging procedural errors like Miranda rights violation, challenging mistaken substance identification with lab analysis, absence of evidence due to loss, limited use of entrapment defense, and potential dismissal for carrying legal medical marijuana with proper documentation in applicable states. Seek legal counsel for personalized advice.
At Cambareri & Brenneck we regularly examine whether or not:
- There have been rights violations against our client.
- Violation of search and seizure laws.
- There are misconduct issues.
- There are pieces of evidence that should be suppressed.
- There have been chain-of-evidence issues.
- There are witnesses (or other evidence) that dispute the state's version of events.
Drug Possession Penalties Include
- Jail Time
- Probation
- Felony Conviction
- Loss of Property
Understanding Drug Possession in Syracuse
The most common drug possession charges:
Criminal Possession of a Controlled Substance
Illegal possession or ownership of a regulated drug without a valid prescription or authorization.
Criminal Sale of a Controlled Substance
Unlawful act of selling, distributing, or providing a controlled substance to another person.
Drug Paraphernalia
Possession, sale, or distribution of equipment, tools, or materials intended for the use or manufacture of drugs, such as pipes, syringes, or scales.
Major Trafficker
Dealer or distributor who operates on a significant scale, often involving large quantities of controlled substances.
Conspiracy to Distribute Narcotics
An agreement between two or more individuals to engage in the illegal distribution, sale, or trafficking of narcotics, even if the actual crime may not have been carried out.
MEET THE TEAM
Your Criminal Defense ATTORNEYS
Cambareri & Brenneck is a firm founded by and comprised of former prosecutors. Because our attorneys have experience on both sides of the courtroom, our clients can trust that their case will be effectively navigated through the criminal justice system. Every viable avenue toward a positive outcome will be exhaustively pursued.
Steve Cambareri
Partner, Attorney
Scott A. Brenneck
Partner, Attorney
(Ret.) Judge John
Special Counsel
Melissa K. Swartz
Attorney
Joe Centra, Esq.
Attorney
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
WHY CHOOSE US
The Defense Firm You Have Been Looking For
Strong Reputation
Our honest, transparent approach to criminal defense helps us better protect our clients' best interests.
Former Prosecutors. Proven Defense.
With 75+ years of collective experience, we leverage our insight to benefit our clients.
Available 24/7
We are available 24/7 to help you with the personal, private, and professional consequences associated with your situation.
Free Case Consultations
Please contact our team to schedule your free case consultation.
FAQS
Frequently Asked Questions
Can I be charged with drug possession if the drugs weren't mine?
Yes. Under New York’s “Automobile Presumption” (Penal Law § 220.25), drugs found in a car are presumed to belong to all occupants — even if you didn’t know they were there. A similar “Room Presumption” applies to drugs and weapons visible in a room, presuming they belong to everyone present. These presumptions can be challenged with the right defense, but they make it possible to be charged for drugs you never knew about. Contact a Syracuse drug possession attorney immediately.
Does the automobile presumption apply to marijuana in New York?
No. The automobile presumption does not apply to marijuana, because marijuana is no longer classified as a controlled substance under New York law following legalization. However, the presumption still applies to other controlled substances and to weapons. Importantly, combining weapons and marijuana in a vehicle can still lead to more serious felony charges. The distinctions are nuanced — an experienced attorney can explain how they apply to your case.
What are the most common drug possession charges in New York?
The most common charges include criminal possession of a controlled substance, criminal sale of a controlled substance, possession of drug paraphernalia, major trafficker charges, and conspiracy to distribute narcotics. The severity depends on the type and quantity of the substance and whether the prosecution alleges intent to sell. Even a possession charge can be a felony in New York, with lasting consequences.
What are the penalties for drug possession in New York?
Penalties depend on the substance and quantity but can include jail or prison time, probation, felony convictions, and loss of property through asset forfeiture. A felony drug conviction also carries lasting collateral consequences — affecting employment, housing, professional licensing, and financial aid eligibility. Because the long-term impact is so severe, fighting the charge with experienced counsel is critical.
What defenses are available for a drug possession charge in Syracuse?
Our drug possession attorneys tailor defenses to your specific situation. These may include challenging an unlawful search and seizure, demonstrating lack of knowledge of possession, exposing police misconduct or profiling, leveraging Miranda rights violations, contesting substance identification through independent lab analysis, addressing lost or mishandled evidence, and entrapment in limited circumstances. The best defense depends on the facts — which is why an early case evaluation matters.
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