In Nassau County, drug possession under New York Penal Law carries penalties from violation-level fines to felony prison time. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide with over 93% favorable outcomes. A Drug Possession Lawyer Nassau County from SRIS, P.C. can explain your defense options.
What Is Drug Possession Under New York Law?
Drug possession in New York is defined under the New York Penal Law (PEN). Possession can be actual (on your person) or constructive (in your control, such as in a car or home). The law distinguishes between possession of controlled substances, marijuana, and prescription drugs without a valid prescription. A Drug Possession Lawyer Nassau County understands these distinctions and how they apply to your case.
Last verified: 2026-04 | Nassau County Criminal Court | New York Penal Law (PEN) (official New York State Senate)
For more information on New York drug laws, visit the New York Penal Law statutes. Court procedures are governed by the Nassau County Criminal Court.
Insider Procedural Edge: How Drug Possession Cases Work in Nassau County
Nassau County Criminal Court handles misdemeanor drug possession cases. Felony drug cases go to Nassau County Supreme Court Criminal Term. New York’s 2020 bail reform eliminated cash bail for most drug possession charges.
- Arraignment: You appear before a judge within 24 hours of arrest. Charges are read, and bail is set or you are released on recognizance.
- Discovery: Your attorney reviews the evidence, including police reports, lab results, and any search warrant affidavits.
- Motion Practice: Your attorney files motions to suppress evidence if the search or seizure was illegal.
- Negotiation: The prosecutor may offer a plea deal, ACD, or diversion program.
- Trial or Resolution: If no agreement is reached, the case proceeds to trial before a judge or jury.
In Nassau County, drug possession penalties range from violation-level fines to Class A-I felony prison terms, depending on the substance and quantity.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Marijuana Possession (under 3 oz) | Violation (decriminalized) | None | Fine only | None | No criminal record |
| Controlled Substance (7th degree) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Possible driver’s license suspension | Criminal record, potential ACD eligibility |
| Controlled Substance (3rd degree) | Class B Felony | Up to 9 years | Up to $30,000 | Driver’s license suspension | Mandatory surcharge, possible immigration consequences |
| Controlled Substance (1st degree) | Class A-I Felony | 15 years to life | Up to $100,000 | Driver’s license suspension | Mandatory minimum sentence, no parole eligibility for 15 years |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Drug Possession Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, demonstrating our firm’s ability to effect real change in the law. A Drug Possession Lawyer Nassau County from our firm understands local court procedures and prosecutor practices.
Case Results in Drug Possession Defense
SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. These results include dismissals, acquittals, and reduced charges for clients facing drug possession allegations.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York Location
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only. 24/7 phone consultations.
Our NY location serves clients at Nassau County courts, accessible via I-495 (LIE), Northern/Southern State Pkwy, Meadowbrook, and Wantagh Parkways.
We serve the communities of Mineola, Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset.
Looking for a drug possession defense lawyer Nassau County near you? We are near the Nassau County Criminal Court and Supreme Court.
Frequently Asked Questions About Drug Possession in Nassau County
Does New York have cash bail for drug possession?
No. NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies, including most drug possession charges.
Most defendants in Nassau County are released on recognizance. Criminal cases are heard at Nassau County Criminal Court. ACD (Adjournment in Contemplation of Dismissal) is available for many first offenses — charges are dismissed after 6-12 months.
What is an ACD in Nassau County, New York?
It depends. An ACD is a disposition where charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests.
Available for many first-offense drug possession cases at Nassau County Criminal Court. ACD records can be sealed. A controlled substance charge lawyer Nassau County can advise if you qualify.
Can I get my criminal record sealed for a drug possession conviction in Nassau County?
Yes. NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years.
ACD results in automatic sealing. Marijuana offenses have expanded eligibility. Cases in Nassau County are sealed through the court.
What is the penalty for a misdemeanor drug possession in Nassau County?
Class A misdemeanor: up to 1 year jail. Class B: up to 3 months. Violations: up to 15 days.
Cases are heard at Nassau County Criminal Court. NY’s 2020 bail reform means most misdemeanor defendants are released without bail.
Can I get a drug possession charge dismissed in Nassau County?
Yes. Many first-time drug possession charges can be dismissed through an ACD or by challenging the legality of the search or seizure.
A Drug Possession Lawyer Nassau County can file motions to suppress evidence if police violated your Fourth Amendment rights.
What is the difference between possession and possession with intent to sell?
It depends. Possession is simply having drugs. Possession with intent to sell requires evidence of intent to distribute, such as packaging materials or large quantities.
The penalties for possession with intent are significantly higher, often carrying felony classifications with mandatory minimum sentences.
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Learn more about New York criminal defense. See also Manhattan criminal defense lawyer and Brooklyn criminal defense lawyer. For related services, see Nassau County family law lawyer and Nassau County immigration lawyer.
View our attorney profile and New York office location.