Will I go to jail for P ?

By Spodek Law Group
August 9, 2024
7 min read
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Will I Go to Jail for Possession of P?

If you've been charged with possession of methamphetamine (commonly known as "P" in New Zealand), you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand how stressful this situation can be. Our experienced drug crime defense attorneys are here to help guide you through the legal process and fight for the best possible outcome in your case.

Understanding Methamphetamine Possession Charges

Possession of methamphetamine is considered a serious drug offense in New Zealand. Under the Misuse of Drugs Act 1975, methamphetamine is classified as a Class A controlled drug - the most serious category. Even small amounts for personal use can result in criminal charges.The potential penalties for methamphetamine possession include:
  • Up to 6 months in prison and/or a fine of up to $1,000 for possession of a small amount for personal use
  • Up to life imprisonment for possession of larger amounts with intent to supply
However, the specific sentence will depend on factors like:
  • The amount of methamphetamine involved
  • Whether there's evidence of intent to supply
  • Your prior criminal history
  • Mitigating personal circumstances
While prison time is a possibility, especially for repeat offenders or larger quantities, it's not guaranteed in every case. Our experienced attorneys will work to build the strongest possible defense and pursue alternatives to incarceration whenever possible.

Factors That Can Impact Your Case

When it comes to methamphetamine possession charges, there are several key factors that can influence the outcome of your case:

Amount of Methamphetamine

The quantity of methamphetamine found in your possession is one of the most important considerations. Smaller amounts consistent with personal use are generally treated less severely than larger quantities that may indicate intent to distribute.

Prior Criminal History

If this is your first offense, you're more likely to receive a lighter sentence or alternative to prison. Multiple prior drug convictions make jail time more likely.

Evidence of Intent to Supply

Things like large quantities, packaging materials, scales, or large amounts of cash can be used as evidence of intent to supply, which carries harsher penalties.

Mitigating Personal Factors

Issues like drug addiction, mental health struggles, difficult life circumstances, or efforts at rehabilitation can sometimes be used to argue for more lenient sentencing.

Quality of Legal Representation

Having an experienced drug crimes attorney who knows how to navigate the legal system and negotiate with prosecutors can make a significant difference in the outcome of your case.Our attorneys at Spodek Law Group will carefully examine all aspects of your case to build the strongest possible defense strategy. We have extensive experience handling methamphetamine possession cases and know how to effectively argue for reduced charges or alternative sentencing options.

Potential Defense Strategies

When defending against methamphetamine possession charges, there are several potential strategies we may employ depending on the specifics of your case:

Challenging the Search and Seizure

If the police conducted an illegal search or seizure to obtain the evidence against you, we may be able to get that evidence suppressed. This could potentially lead to dismissal of the charges.

Arguing Lack of Knowledge or Possession

To be convicted, the prosecution must prove you knowingly possessed the methamphetamine. We may be able to argue you were unaware of its presence or it didn't belong to you.

Pursuing a Plea Deal

In some cases, negotiating a plea bargain for reduced charges or alternative sentencing may be the best option. Our attorneys are skilled negotiators who will fight for the most favorable deal possible.

Seeking Drug Court or Diversion Programs

For first-time offenders or those struggling with addiction, we may be able to get you into a drug court program or diversion program as an alternative to traditional sentencing.

Presenting Mitigating Factors

We'll gather evidence of any mitigating personal circumstances or efforts at rehabilitation that could persuade the judge to impose a more lenient sentence.The specific defense strategy we pursue will depend on the unique circumstances of your case. Our experienced attorneys will thoroughly review all the evidence and details to determine the most effective approach.

Alternatives to Jail Time

While jail is a possibility for methamphetamine possession charges, there are often alternatives available, especially for first-time offenders or those with addiction issues. Some potential alternatives we may pursue include:
  • Drug treatment programs
  • Home detention
  • Community service
  • Probation
  • Fines
Our goal is always to keep you out of jail whenever possible. We'll work tirelessly to pursue any available alternatives that could allow you to avoid incarceration and get the help and support you need.

Why Choose Spodek Law Group?

When you're facing serious drug charges, you need an experienced, aggressive defense team on your side. At Spodek Law Group, we have a proven track record of successfully defending clients against methamphetamine possession charges and other drug crimes.Here's why you should choose us to handle your case:
  • Extensive Experience: Our attorneys have decades of combined experience handling drug crime cases. We know the ins and outs of the legal system and how to build effective defense strategies.
  • Aggressive Advocacy: We fight tirelessly for our clients, leaving no stone unturned in pursuit of the best possible outcome.
  • Personalized Attention: We take the time to understand your unique situation and tailor our approach to your specific needs and goals.
  • Skilled Negotiators: Our attorneys are adept at negotiating with prosecutors to pursue reduced charges, plea deals, or alternative sentencing options.
  • Comprehensive Support: We provide support throughout the entire legal process, from arrest through trial or plea negotiations and sentencing.
Don't face methamphetamine possession charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience and skill to work fighting for you.

Frequently Asked Questions

Here are some common questions we hear from clients facing methamphetamine possession charges:Q: Will I definitely go to jail if convicted of meth possession?A: Not necessarily. While jail time is possible, especially for repeat offenders or larger quantities, there are often alternatives available. Our attorneys will fight to keep you out of jail whenever possible.Q: Can I get the charges reduced or dismissed?A: Potentially, depending on the circumstances. We may be able to get charges reduced through plea negotiations or even dismissed if we can successfully challenge the evidence against you.Q: What if I'm struggling with addiction?A: If addiction is a factor, we may be able to get you into a drug court program or treatment-based alternative to traditional sentencing. The courts often recognize that treatment can be more effective than incarceration for those battling substance abuse issues.Q: How long will the legal process take?A: The timeline can vary significantly depending on the specifics of your case. Some cases may be resolved in a matter of months, while others could take a year or more if they go to trial. We'll keep you informed every step of the way.Q: What should I do if I've been arrested for meth possession?A: The most important thing is to exercise your right to remain silent and contact an experienced attorney immediately. Don't discuss your case with anyone but your lawyer.If you have any other questions about methamphetamine possession charges or your specific case, don't hesitate to reach out. Call Spodek Law Group at 212-300-5196 for a free consultation with one of our knowledgeable attorneys.

Conclusion

Facing methamphetamine possession charges can be incredibly stressful, but you don't have to go through it alone. At Spodek Law Group, we have the experience, skill, and dedication to provide you with the robust defense you need.Remember, a charge is not the same as a conviction. There are often many potential defense strategies and alternatives to jail time available. With our team on your side, you'll have the best possible chance at a favorable outcome.Don't wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Let us put our expertise to work fighting for your rights and your future.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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