Drug charges can threaten your freedom, career, and future in ways that feel overwhelming right now. Whether you’re facing possession charges, allegations of intent to distribute, or more serious drug trafficking accusations, you need someone who understands both sides of the criminal justice system.
Bronx drug defense lawyer David Mejia Colgan has over 25 years of experience in criminal law, including his early career as an Assistant District Attorney in the Bronx County District Attorney’s Office. After prosecuting drug cases in the same courts where he now defends clients, he understands exactly how prosecutors build their cases and where vulnerabilities exist. David Mejia Colgan, Esq., serves clients throughout the Bronx and surrounding New York communities.
This guide explains what to do immediately after a drug arrest, how New York classifies drug charges, what penalties you may face, how search and seizure laws protect you, common defense strategies, and how a criminal record can affect your future.
Call NYC criminal defense lawyer David Mejia Colgan, Esq. at (718) 484-8820 to discuss your case and explore your defense options.
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New York law recognizes several distinct categories of drug offenses. The most common charge is criminal possession of a controlled substance, which ranges from misdemeanor possession of small amounts to felony possession of large quantities. However, possession is only one type of drug crime you might face.
Criminal sale of a controlled substance involves selling, exchanging, or giving drugs to another person. Unlike possession charges, sale charges do not require large quantities. Under New York Penal Law Article 220, many controlled-substance sale offenses are felonies, even when the amount is small. Prosecutors often prove sale charges through undercover operations, surveillance, or testimony from confidential informants.
Intent to sell represents a middle ground between simple possession and actual sale. If police find you with packaging materials, scales, large amounts of cash, or drugs divided into smaller quantities, prosecutors may charge you with possession with intent to sell even without witnessing an actual transaction. This charge carries penalties similar to sale charges.
Additional drug offenses in New York include:
The type of charge you face depends on several factors. Quantity matters significantly; possessing a single dose differs dramatically from possessing kilograms. The specific substance also matters, as New York classifies drugs into different schedules based on their medical use and abuse potential. Your intent, as evidenced by packaging, communications, or surveillance, can elevate possession to distribution charges.
David Mejia Colgan can evaluate the evidence against you and identify which charges the prosecution can actually prove. His experience as a former prosecutor gives him insight into how the Bronx District Attorney’s Office approaches these cases.
Key Takeaway: New York drug charges range from misdemeanor possession to major trafficking offenses, with charges determined by the quantity, type of drug, and evidence of intent to sell or distribute. The specific charge you face dramatically affects the penalties you could receive and the defense strategies available.
Contact David Mejia Colgan, Esq. at (718) 484-8820 to review the specific charges you face and discuss defense strategies based on the evidence in your case.
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New York’s controlled-substance possession laws include six primary degrees, ranging from seventh-degree possession (a misdemeanor) to first-degree possession (a serious A-I felony). Each degree corresponds to different quantities, substance types, and penalty ranges.
Seventh-degree possession, defined under New York Penal Law Section 220.03, covers possessing any amount of a controlled substance. This Class A misdemeanor applies when you possess drugs solely for personal use with no aggravating factors. Maximum penalties can include up to 364 days in jail and fines up to $1,000. Many first-time offenders charged with seventh-degree possession may qualify for alternative sentencing, including drug treatment programs.
Fifth-degree possession under New York Penal Law Section 220.06 becomes a Class D felony. This charge can apply in several situations, including possession with intent to sell and possession of certain controlled substances above specified weight thresholds. A fifth-degree conviction can result in up to seven years in prison and fines reaching $5,000.
As quantities increase, charges escalate to fourth-degree (Class C felony), third-degree (Class B felony), second-degree (Class A-II felony), and first-degree possession (Class A-I felony). First-degree possession typically involves large quantities such as eight ounces or more of narcotics. Felony convictions can lead to minimum sentences of 7 to 25 years and maximum sentences of life imprisonment.
Possession Degree | Classification | Maximum Prison Term | Maximum Fine |
Seventh Degree | Class A Misdemeanor | 364 days | $1,000 |
Fifth Degree | Class D Felony | 2 to 7 years | $5,000 |
Fourth Degree | Class C Felony | 3.5 to 15 years | $15,000 |
Third Degree | Class B Felony | Up to 25 years | $30,000 |
Second Degree | Class A-II Felony | 3–8 years to Life | $50,000 |
First Degree | Class A-I Felony | 15–25 years to Life | $100,000 |
The specific substance matters significantly. Possessing four ounces of cocaine triggers different charges than possessing four ounces of marijuana. New York’s controlled substance schedules, which categorize drugs from Schedule I (highest abuse potential, no accepted medical use) to Schedule V (lowest abuse potential, accepted medical use), affect which possession statute applies.
Key Takeaway: New York’s seven-degree system for drug possession creates vastly different penalties depending on quantity and substance type, ranging from a one-year maximum for seventh-degree misdemeanors to life imprisonment for first-degree felony possession.
David Mejia Colgan can explain which degree of possession charge you face and what that means for your case. His experience defending drug cases throughout the Bronx gives him detailed knowledge of how courts handle each degree. Call (718) 484-8820 to schedule a consultation.
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In New York, the severity of a drug charge is rarely determined by the quality or “purity” of the substance. Instead, prosecutors rely on the Aggregate Weight standard. This legal distinction can turn a minor amount of cocaine into a life-altering felony charge.
Under the New York Penal Law, “aggregate weight” means the weight of the entire mixture containing the drug. If cocaine is mixed with a “cutting agent”—such as baking soda, baby powder, or starch—the law treats the entire combination as if it were 100% pure cocaine.
You can be charged with a Class A-I Felony (First-Degree Possession) for holding 8 ounces of a substance that is 95% baking soda and only 5% cocaine. Because the total weight is 8 ounces, the low purity is legally irrelevant to the level of the charge.
The standard used depends entirely on the type of substance and the specific degree of the charge:
Because your sentencing exposure is tied directly to the scale, challenging the weight is a primary defense strategy. We investigate several key areas:
The “Aggregate Weight” rule means that in New York, the law punishes the volume of the substance you possess, not its quality. Because even a “heavy cut” can push a case into a mandatory prison bracket, an effective defense must scrutinize the laboratory’s weighing process. By challenging how the police handled and measured the evidence, it is possible to fight for a reduction of charges to a lower weight class, potentially avoiding years of incarceration.
Drug convictions in New York carry both immediate consequences and long-term collateral effects. The immediate penalties include incarceration, fines, and supervised release, but the lasting impact on your criminal record can affect employment, housing, professional licensing, and immigration status for years.
Beyond imprisonment and fines, drug convictions create permanent criminal records that appear on background checks. Employers in New York can consider criminal history in hiring decisions, though recent laws limit the consideration of arrests that did not result in a conviction. Many professional licenses, including licenses for healthcare workers, teachers, and attorneys, become difficult or impossible to obtain with drug felonies on your record.
Immigration consequences can be severe. Federal immigration law classifies many drug offenses as “aggravated felonies,” making non-citizens subject to mandatory deportation with limited relief options. Even lawful permanent residents (green card holders) face removal proceedings after drug convictions.
Additional consequences include:
Judges in the Bronx County Criminal Court and the Bronx County Supreme Court have some discretion in sentencing, particularly for lower-level offenses. They may consider factors such as your criminal history, evidence of rehabilitation efforts, employment status, family responsibilities, and willingness to participate in treatment programs.
Key Takeaway: Drug convictions carry both immediate penalties (imprisonment, fines, probation) and long-term collateral consequences affecting employment, housing, professional licenses, and immigration status. The severity of these consequences makes effective legal defense essential from the moment of arrest.
Contact David Mejia Colgan, Esq. to discuss potential penalties you face and strategies for minimizing both immediate and collateral consequences. Call (718) 484-8820 to schedule your consultation.
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The federal Controlled Substances Act and New York State Public Health Law organize drugs into five schedules based on medical use, safety, and potential for abuse. The schedule classification of the drug you allegedly possessed, sold, or manufactured directly affects the charges you face and the penalties upon conviction.
Schedule I drugs have no currently accepted medical use in the United States and high potential for abuse. This category includes heroin, LSD, ecstasy (MDMA), and psilocybin mushrooms. Possessing a controlled substance can lead to charges even in small amounts, and higher quantities or certain allegations (like intent to sell) can elevate a case to felony-level offenses. New York law previously classified marijuana as Schedule I, but recent legislative changes have altered marijuana’s legal status.
Schedule II drugs have high abuse potential but accepted medical uses with severe restrictions. This schedule includes cocaine, methamphetamine, fentanyl, oxycodone, and hydrocodone. Because Schedule II substances have legitimate medical applications, charges sometimes depend on whether you possessed them pursuant to a valid prescription. Possessing prescription Schedule II drugs without a prescription constitutes criminal possession.
Schedule III, IV, and V substances have progressively lower abuse potential and wider accepted medical uses. Schedule III includes anabolic steroids and certain barbiturates. Schedule IV includes benzodiazepines like Xanax and Valium. Schedule V contains medications with limited amounts of codeine or other controlled substances.
Prescription drug cases have become increasingly common in the Bronx. Possessing medications like oxycodone, Adderall, or Xanax without a valid prescription constitutes criminal possession of a controlled substance. “Doctor shopping”, or obtaining prescriptions from multiple physicians without disclosure, can result in prescription fraud charges. Sharing your legitimately prescribed medications with others, even family members, technically violates New York’s controlled substance laws.
The drug schedule affects more than just the potential charges. During plea negotiations, prosecutors consider the schedule when evaluating whether to reduce charges or recommend specific sentences. Schedule I and II cases typically face less prosecutorial flexibility than Schedule IV cases. David Mejia Colgan has negotiated favorable outcomes even in serious Schedule I and II cases by identifying weaknesses in the prosecution’s evidence and presenting mitigating factors.
Key Takeaway: Federal and New York law classify drugs into five schedules, from most dangerous (Schedule I) to least (Schedule V), and the schedule of the substance you allegedly possessed directly affects the degree of charges and available penalties.
David Mejia Colgan can evaluate which schedule the alleged substance falls under and explain how that affects your charges and defense options. Contact him at (718) 484-8820 for a case review.
David Mejia Colgan has devoted more than 25 years to criminal law and to defending people whose freedom and future are on the line. After graduating from the New York University School of Law in 1998, he began his career as an Assistant District Attorney in the Bronx County District Attorney’s Office. He worked in the domestic violence and sex crimes bureaus, prosecuted serious felony matters including homicides, and tried numerous misdemeanor and felony cases. He gained substantial trial experience even before becoming a prosecutor through internships with the Kings County District Attorney’s Office Homicide Bureau and the Legal Aid Society’s Criminal Appeals Bureau.
In 2005, David left the District Attorney’s Office to enter private practice, initially joining a criminal defense firm in New York City. He spent several years handling complex federal and state cases before founding his own practice. Today, his practice focuses on criminal defense, family law, and matrimonial matters. He regularly appears in courts throughout the five boroughs and surrounding counties, including Westchester, Rockland, Orange, Putnam, Nassau, and Suffolk. He is admitted to practice in the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York.
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The hours immediately following a drug arrest are critical. What you say and do during this period can significantly impact your case. Unfortunately, many people inadvertently damage their defense by making statements to police or consenting to searches they could have refused.
First and most important: exercise your right to remain silent. After the police advise you of your Miranda rights, clearly state that you are invoking your right to remain silent and your right to an attorney. Do not answer questions, explain yourself, or try to convince officers of your innocence. Anything you say can be used against you in court, and statements made during arrest are rarely helpful to your defense. Police officers are trained interrogators who will use various tactics to encourage you to talk, but you have an absolute right to decline.
Second, do not consent to any searches. If police ask to search your vehicle, home, or person, clearly state that you do not consent to the search. You cannot physically prevent a search, and you should never resist or obstruct officers, but stating your lack of consent preserves your Fourth Amendment rights. If officers conduct a search anyway, your attorney can later challenge the legality of that search. If you consented, challenging the search becomes nearly impossible.
After arrest in the Bronx, you will be transported to Central Booking and held until your arraignment in Bronx Criminal Court. Arraignment typically occurs within 24 hours of arrest. During arraignment, a judge will inform you of the charges, set bail or release conditions, and schedule future court dates.
At arraignment, the judge will consider several factors when deciding on bail or release conditions. These include the severity of charges, your criminal history, ties to the community, employment status, and flight risk. David Mejia Colgan can appear at your arraignment to argue for release on your own recognizance or the lowest possible bail. Having an attorney present at arraignment is valuable because the arguments made at this early stage set the tone for your entire case.
After arraignment, your case proceeds through several stages: preliminary hearings, discovery (where the prosecution provides evidence), possible grand jury proceedings for felony charges, motion practice, plea negotiations, and potentially trial. Throughout this process, David Mejia Colgan can investigate the circumstances of your arrest, interview witnesses, review police reports, challenge illegal evidence, and negotiate with prosecutors.
David Mejia Colgan has represented individuals arrested for drug offenses in the Bronx. His experience as a former prosecutor gives him unique insight into police procedures and prosecution strategies. Call (718) 484-8820 immediately after arrest to discuss your case.
Your Fourth Amendment right protects you against unreasonable searches and seizures, but this protection has important limitations and exceptions. Understanding when police can legally search you for drugs is essential for evaluating whether evidence in your case might be suppressed.
The general rule is that police need a search warrant based on probable cause to search your home, vehicle, or person. A judge issues a search warrant only after reviewing an affidavit explaining why police believe they will find evidence of a crime at the location to be searched. However, several exceptions to the warrant requirement allow police to conduct searches without judicial approval.
One major exception is search incident to a lawful arrest. When police arrest you for any crime, they can search your person and the area within your immediate control for weapons and evidence. If this search turns up drugs, those drugs can be used as evidence even though police did not have a specific warrant to search for drugs. The legality of this search depends on whether the underlying arrest was lawful.
Police can search without a warrant if you voluntarily consent. This is why clearly refusing consent is so important. Officers might say things like “You don’t have anything illegal, so you don’t mind if I look, right?” or “This will go much easier if you cooperate.” These tactics are designed to pressure you into consenting. You have a right to refuse, and refusal cannot be used against you in court.
Vehicle searches follow different rules from home searches. If police have probable cause to believe your vehicle contains evidence of a crime, they can search the entire vehicle without a warrant under the automobile exception. This exception exists because vehicles are mobile and evidence could disappear by the time police obtain a warrant. However, police still need probable cause; they cannot stop you randomly and search your vehicle without reason.
Stop-and-frisk searches allow police to briefly stop and pat down someone they reasonably suspect is involved in criminal activity. To proceed to a full search, officers must feel something during the pat-down that they believe to be a weapon or contraband. If police stop and search you without reasonable suspicion, or conduct a full search without legal justification, any drugs found may be suppressed as evidence.
David Mejia Colgan’s experience as a former prosecutor gives him detailed knowledge of search and seizure law. He understands the legal standards police must meet and knows how to identify Fourth Amendment violations. If police searched you illegally, he can file a motion to suppress evidence.
Key Takeaway: Police generally need a search warrant to search you for drugs, but several exceptions exist, including searches incident to arrest, consent searches, vehicle searches with probable cause, and stop-and-frisk encounters. Challenging the legality of searches is often the most effective defense strategy in drug cases.
Contact David Mejia Colgan, Esq. at (718) 484-8820 to schedule a consultation. Attorney Colgan can investigate the circumstances of your case and evaluate whether your Fourth Amendment rights were violated.
Prosecutors must prove every element of drug charges beyond a reasonable doubt. David Mejia Colgan’s role is to identify weaknesses in the prosecution’s case, challenge improper evidence, and present defenses that create reasonable doubt. Several defense strategies have proven effective in Bronx drug cases.
Illegal search and seizure represents the most powerful defense in many drug cases. If police violated your Fourth Amendment rights by searching without probable cause, without a warrant when one was required, or beyond the scope of a valid warrant, the court must exclude any drugs found during that search. This exclusion often results in dismissal of charges because prosecutors cannot prove possession without the physical evidence.
Lack of possession is another common defense. Prosecutors must prove you knowingly possessed the drugs. In cases where drugs are found in a shared space, such as a vehicle with multiple occupants or an apartment with several residents, proving who possessed the drugs becomes difficult. If drugs were in a common area and no other evidence links you specifically to those drugs, you may successfully argue a lack of constructive possession.
For sale and intent-to-sell charges, prosecutors must prove you intended to distribute drugs. Possessing large quantities, packaging materials, scales, or large amounts of cash can suggest intent to sell, but these circumstances do not automatically prove intent. You might possess large quantities for personal use, or the packaging materials might have innocent explanations. David Mejia Colgan can challenge the prosecution’s evidence of intent and argue that the facts support only possession, not distribution.
Entrapment applies when law enforcement officers induce you to commit a crime you were not predisposed to commit. If an undercover officer or confidential informant repeatedly pressured you to sell drugs and you would not have done so otherwise, you may have an entrapment defense. This defense is difficult to prove but can be effective when police tactics are particularly aggressive.
Additional defense strategies include:
David Mejia Colgan’s experience as a former prosecutor gives him insight into how the Bronx District Attorney’s Office builds drug cases. He knows which defenses are most effective against specific types of evidence and can identify opportunities to negotiate favorable plea deals when appropriate.
Key Takeaway: Common defenses to drug charges include challenging illegal searches, disputing possession and intent, proving entrapment, and questioning the evidence’s chain of custody. An effective defense strategy begins with a careful review of police reports, witness statements, and physical evidence to identify weaknesses in the prosecution’s case.
Contact David Mejia Colgan, Esq., to review the evidence against you and identify potential defenses. Call (718) 484-8820 to schedule a consultation.
Drug cases in the Bronx proceed through a structured legal process with multiple stages and decision points. Understanding this process helps you know what to expect and when critical decisions must be made.
Misdemeanor drug cases are handled in Bronx Criminal Court. This court handles arraignments, preliminary hearings, motions, plea negotiations, and trials for misdemeanor drug possession charges. Judges in Bronx Criminal Court have significant discretion in sentencing, particularly for first-time offenders, and may offer alternatives to incarceration such as drug treatment programs or conditional discharge.
Felony drug cases begin with arraignment in the Bronx Criminal Court but are then transferred to Bronx County Supreme Court for prosecution. The transition occurs after the grand jury issues an indictment. The Supreme Court, located at 851 Grand Concourse, handles all felony trials in the Bronx. Felony cases typically take longer to resolve than misdemeanors, often six months to over a year, depending on complexity.
The Bronx offers a specialized Drug Treatment Court as an alternative to traditional prosecution for some defendants. This program, established under New York Criminal Procedure Law Article 216, allows eligible defendants to complete a treatment program instead of serving jail time. Participants must attend regular court appearances, submit to drug testing, participate in counseling, and meet other program requirements.
Not everyone qualifies for Drug Treatment Court. Generally, defendants charged with non-violent drug possession offenses with substance abuse issues may be eligible, but those charged with drug sales or violent crimes typically do not qualify. Successful completion of Drug Treatment Court often results in reduced charges or complete dismissal, while failure to comply with program requirements can result in immediate sentencing on the original charges.
Prosecutors from the Bronx County District Attorney’s Office handle all drug prosecutions. David Mejia Colgan is fully prepared to take cases to trial when negotiations do not produce acceptable results.
Throughout the court process, you have a right to discovery and access to the prosecution’s evidence. David Mejia Colgan will review all evidence, including police reports, witness statements, laboratory results, surveillance footage, and recorded conversations. This review identifies potential defenses, Fourth Amendment violations, and opportunities for negotiation.
Key Takeaway: Drug cases in the Bronx proceed through Bronx Criminal Court for misdemeanors or Bronx County Supreme Court for felonies, with Drug Treatment Court available as an alternative for eligible defendants with substance abuse issues. Understanding the court process and timeline helps you make informed decisions about plea offers and trial strategies.
David Mejia Colgan appears regularly in Bronx Criminal Court and Bronx County Supreme Court, defending drug cases. Call (718) 484-8820 to learn more about how your case will proceed through the Bronx court system.
New York has significantly reformed its marijuana laws in recent years, but marijuana remains subject to criminal penalties in many circumstances.
The Marihuana Regulation and Taxation Act (MRTA), enacted in 2021, legalized adult recreational marijuana possession and use in New York. Adults 21 and older can possess up to three ounces of cannabis flower or 24 grams of concentrated cannabis. However, possession exceeding these limits remains illegal. Additionally, selling marijuana without a license remains a criminal offense despite legalization.
Public consumption restrictions create another potential criminal issue. While you can possess marijuana legally, consuming it in public places where smoking tobacco is prohibited violates the law. Police can issue citations for public consumption, and repeat violations can result in criminal charges.
Several marijuana-related offenses remain criminal despite legalization. Criminal possession of marijuana remains a crime when quantities exceed legal limits. In New York, possessing more than three ounces of cannabis (or more than 24 grams of concentrated cannabis) is an unlawful possession violation punishable by a fine of up to $125. Possessing more than sixteen ounces of cannabis (or more than five ounces of concentrated cannabis) is criminal possession of cannabis in the third degree, a Class A misdemeanor.
Criminal sale of marijuana continues to be prosecuted aggressively. Selling any amount of marijuana without a state-issued license is a crime. First-offense unlicensed sale of small amounts is a misdemeanor, but repeat offenses or sales of larger quantities are felonies. The Bronx District Attorney’s Office continues to prosecute marijuana sales cases, particularly when sales involve minors or occur near schools.
Driving while impaired by marijuana is a crime under New York Vehicle and Traffic Law Section 1192. Unlike alcohol, which has a specific blood-alcohol concentration limit (0.08%), marijuana impairment is determined through field sobriety tests and Drug Recognition Expert (DRE) evaluations. These cases can be challenging to prosecute, but they remain common in the Bronx.
Marijuana and immigration create unique complications. Federal law still classifies marijuana as a Schedule I controlled substance, meaning marijuana convictions, even for amounts legal under New York law, can have severe immigration consequences. Non-citizens charged with marijuana offenses should consult both a criminal defense attorney and an immigration attorney. David Mejia Colgan can coordinate with immigration counsel when needed.
Contact David Mejia Colgan, Esq. if you face marijuana-related charges. Call (718) 484-8820 to discuss how current marijuana laws affect your case.
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A drug arrest can feel overwhelming, especially when you’re trying to understand complex charges and court procedures while worried about your future. You deserve representation from someone who understands both sides of the criminal justice system and has spent decades defending clients in the same courts where you face charges.
David Mejia Colgan has spent more than 25 years in criminal law, starting as a prosecutor in the Bronx County District Attorney’s Office and continuing through decades in private practice defending individuals charged with drug offenses. He appears regularly in Bronx Criminal Court at 215 East 161st Street and Bronx County Supreme Court at 851 Grand Concourse. When cases cannot be resolved through negotiation, he is fully prepared to take your case to trial.
Call David Mejia Colgan, Esq. at (718) 484-8820 for a free consultation. His office at 910 Grand Concourse, Suite 1F, serves clients throughout the Bronx and surrounding New York communities. David Mejia Colgan, Esq. represents clients in English and Spanish, and he is available to discuss your case and explain your options. Contact him today to protect your rights and your future.
Not necessarily. Many first-time misdemeanor possession defendants receive alternative sentences such as probation, conditional discharge, or enrollment in drug treatment programs. Felony charges carry higher risks of incarceration, but even first-time felony defendants may receive reduced charges through plea negotiations or qualify for alternative sentencing programs. Your criminal history, the specific charges, the quantity involved, and your willingness to participate in treatment all affect sentencing.
Misdemeanor drug cases typically resolve within three to six months, though cases that go to trial may take longer. Felony drug cases generally take six months to over a year, depending on whether the case is resolved through plea negotiations or proceeds to trial. The grand jury process, motion practice, and discovery exchanges all add time to felony cases.
New York does not have traditional expungement, but under recent reforms, some marijuana convictions can be sealed or vacated automatically. For other drug offenses, New York offers sealing under Criminal Procedure Law Section 160.59 for certain convictions after a waiting period. Having a qualified attorney review your options is important because not all convictions qualify for sealing.
State drug charges are prosecuted by the Bronx County District Attorney’s Office in state courts and typically involve smaller quantities or street-level offenses. Federal drug charges are prosecuted by the U.S. Attorney’s Office in federal court and usually involve larger quantities, interstate trafficking, or organized drug operations. Federal sentences are generally more severe than state sentences, and federal sentencing guidelines limit judicial discretion.
New York’s mandatory minimum sentencing laws require judges to impose minimum prison terms for certain drug felonies regardless of mitigating circumstances. Class A-I and A-II felonies carry mandatory minimums ranging from three years to 15 years, depending on the specific charge and your criminal history. These mandatory minimums significantly limit plea negotiation options because prosecutors know judges cannot sentence below the statutory minimum.
