Drug Possession Lawyer Monroe NY | SRIS, P.C.
Drug Possession Lawyer Monroe NY — What Are Your Defense Options?
Drug possession charges in Monroe County, NY, are prosecuted under New York Penal Law Article 220, with penalties ranging from violations to felonies. Law Offices Of SRIS, P.C. provides defense for cases in Monroe County Criminal Court and Supreme Court.
New York Drug Possession Laws and Penalties
Drug possession in New York is defined under the New York Penal Law (PEN), specifically Article 220. The severity of the charge depends on the type and amount of the controlled substance, as classified in the New York State Public Health Law. For example, possession of a controlled substance in the seventh degree (PL § 220.03) is a Class A misdemeanor, while possession of larger quantities or specific substances like narcotic drugs can be charged as felonies. The 2019 Marijuana Regulation and Taxation Act (MRTA) legalized possession of up to 3 ounces of cannabis for adults 21+, but possession of other controlled substances remains illegal.
Last verified: April 2026 | Monroe County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has a background in handling complex cases. We understand how prosecutors in Monroe County approach drug possession cases, from initial desk appearance tickets to felony indictments.
Official Legal Resources
For the official text of New York’s drug possession statutes, refer to the New York Penal Law Article 220 on the state legislature’s website. For local court procedures and information, visit the Monroe County Courts website.
Local Court Process for Drug Possession in Monroe County
Most low-level drug possession cases begin in Monroe County Criminal Court. Under New York’s 2020 bail reform, many individuals arrested for simple possession receive a desk appearance ticket (DAT) and are released, rather than being held for arraignment. For felony-level possession, the case is presented to a grand jury and, if indicted, proceeds in Monroe County Supreme Court, Criminal Term. A key local procedural fact is the availability of an Adjournment in Contemplation of Dismissal (ACD) for many first-time, non-violent drug offenses. If the defendant stays out of trouble for a set period (typically 6-12 months), the charges are dismissed and sealed.
- Arrest or DAT: You may be arrested or issued a Desk Appearance Ticket with a future court date.
- Arraignment: You appear in Monroe County Criminal Court, are formally charged, and enter a plea. For felonies, this happens after indictment.
- Discovery & Motions: Your attorney reviews evidence and may file motions to suppress evidence or dismiss charges.
- Negotiations: Your lawyer negotiates with the District Attorney’s office for a possible plea deal, ACD, or reduction.
- Trial or Disposition: If no agreement is reached, your case proceeds to a bench or jury trial. If an agreement is made, the case is resolved per the terms.
- Sentencing or Sealing: If convicted, sentencing occurs. If eligible, your attorney may later petition for conditional sealing of the record.
Potential Penalties for Drug Possession in New York
In Monroe County, drug possession penalties vary widely based on the substance and amount, from a violation with no jail time to a felony with years in prison.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| PL § 220.03 – Criminal Possession of a Controlled Substance 7th | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Possible driver’s license suspension | Criminal record, possible probation |
| PL § 220.06 – CPCS 5th (Intent to Sell) | Class D Felony | 1 to 2.5 years (probation eligible) | Up to $5,000 | Driver’s license suspension mandatory | Felony record, parole, loss of professional licenses |
| Marijuana Possession > 3 oz (Post-MRTA) | Violation | None | Fine only | None | Civil penalty, no criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Drug Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings a combined 120+ years of legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We have handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our approach is direct and focused on the specific details of your case and the procedures of Monroe County courts.
Case Results and Client Advocacy
SRIS actively practices in Monroe County. While specific local case counts are proprietary, firm-wide we have documented 4,739+ case results with over 93% favorable outcomes, including dismissals, reductions, and favorable plea agreements in drug possession cases.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Monroe County Residents
Our New York location serves clients throughout Monroe County. We are familiar with the local courts and procedures. If you need a drug possession law firm Monroe NY, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only at our New York location.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
We serve clients in Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, Gates, and throughout Monroe County.
Frequently Asked Questions
Is marijuana possession still a crime in Monroe County, NY?
No, for adults 21 and over. The Marijuana Regulation and Taxation Act (MRTA) legalized possession of up to 3 ounces of cannabis. Possession of more than 3 ounces is a violation, not a crime. However, possession of any other controlled substance without a prescription remains illegal.
What is an Adjournment in Contemplation of Dismissal (ACD)?
It is a common outcome for first-time, low-level drug possession cases. The case is adjourned for 6-12 months. If you stay arrest-free during that period, the charges are automatically dismissed and sealed. An experienced drug possession lawyer Monroe NY can often negotiate for an ACD.
Can I seal a past drug possession conviction in New York?
It depends. Conditional sealing under CPL § 160.59 may be available for certain eligible drug convictions after a 10-year waiting period, provided you have no more than two total convictions (one of which can be a felony) and have completed your sentence. Not all convictions are eligible.
Will I go to jail for a first-time drug possession charge?
Not necessarily. For a first-time Class A misdemeanor possession charge, incarceration is often not sought if you have no record. The goal is frequently a non-criminal disposition like an ACD or a violation plea. Outcomes depend heavily on the facts and your attorney’s negotiation.
What should I do if I am arrested for drug possession?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a drug possession attorney Monroe NY as soon as possible to begin building your defense, especially before any court appearance.
Related Pages: For other legal services in the area, see our New York Criminal Defense Lawyer hub, or learn about DUI defense in Monroe County. We also assist with immigration matters in Monroe.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.