Rochester Drug Crime Lawyers

Quality Representation & Informed Guidance in Monroe County

There are some important legal concepts to be aware of when evaluating a drug charge. Most people do not realize that several different individuals can be charged with “possessing” the same quantity of drugs at the same time. 

The definitions of the “automobile” and “room” presumptions below explain how this is possible under New York State law:

• Automobile presumption: EVERY person in a car where drugs are found can be charged with possession, unless the item was hidden on the body of one of the occupants. This is even true if the item was in the trunk or glove box and not all the occupants knew it was there. It is a very common tactic for a prosecutor to charge four or five people with possession of the same package of narcotics. Because of this, many defendants have found themselves charged with a crime just for being in the wrong place at the wrong time. 
• Room presumption: Any drugs in open view in a room are presumed to be possessed by EACH AND EVERY person in close proximity to them at the time the items were found, unless the item was hidden on the body of one of the occupants. Many of our clients have found themselves charged with “possession” for being at a party where drugs were being used. 

We are intimately familiar with these “presumptions” and how prosecutors try to use them to convict all the occupants of a car or home with possession. With the right experience and tactics, these cases are very defendable.

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Drug charges can result in lengthy prison sentences, so it is important to hire a knowledgeable and experienced attorney. The lawyers at Nobles & DeCarolis have successfully defended numerous charges such as these.

If you or a loved one has been charged with a drug crime, contact Nobles & DeCarolis today at (585) 639-3111.