Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Drug Possession Lawyer (PL 220.03)
Most drug arrests on Long Island start with a traffic stop, a search, or a desk appearance ticket for pills or a small amount of cocaine. A first-time possession case can often be resolved without a criminal record, and a felony charge can sometimes be diverted into treatment. Nassau cases start at the First District Court, 99 Main Street in Hempstead, and Suffolk cases at the First District Court in Central Islip. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends drug charges in both counties.
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Former Prosecutor
Brings years of experience from both sides to every case.
Charged with drug possession?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Drug possession and sale charges in New York
New York grades drug charges by the type of drug, the amount, and whether the prosecution claims you intended to sell. These are the most common:
| Charge | What it usually covers | Level |
|---|---|---|
| Criminal possession of a controlled substance, 7th degree | Any amount of a controlled substance, including pills without a prescription | Class A misdemeanor |
| Criminal possession, 5th degree | 500 milligrams or more of cocaine, or possession with intent to sell | Class D felony |
| Criminal possession, 4th degree | Larger amounts, such as one-eighth ounce or more of a narcotic drug | Class C felony |
| Criminal possession, 3rd degree | Intent to sell a narcotic drug, or one-half ounce or more | Class B felony |
| Criminal sale, 3rd degree | Selling, or offering to sell, a narcotic drug | Class B felony |
What about marijuana? Adults 21 and over can legally possess up to 3 ounces of cannabis in New York. Larger amounts, sales without a license, and driving while impaired by cannabis can still be charged. Driving after using drugs? See DWAI-Drugs.
Drug cases we defend
Cocaine and crack
Possession charges, from a small amount found during a stop to felony-weight cases.
Pills without a prescription
Oxycodone, Xanax, Adderall and other prescription drugs found without a prescription in your name.
Heroin and fentanyl
Possession and possession with intent to sell, where the charges and stakes are highest.
Hallucinogens
Psilocybin mushrooms, LSD and similar drugs, often found during a car stop.
Possession with intent to sell
Felony charges based on amount, packaging, scales, cash or messages on your phone.
Drugs found in a car
When drugs are found in a vehicle, New York law can presume everyone inside possessed them. There are exceptions, and the presumption can be challenged.
How drug cases are won
The stop and the search
Most drug evidence comes from a search. If the stop, frisk or search of your car or home was illegal, the drugs can be suppressed and the case can fall apart.
Whose drugs were they?
Being near drugs isn’t the same as possessing them. Passengers, roommates and borrowed cars are common defenses.
The lab report
The prosecution has to prove what the substance actually is and how much there was. Weights and lab results are often wrong.
Treatment instead of a conviction
Completing an evaluation or treatment early can lead to an ACD, and some felony drug cases qualify for judicial diversion, which can end in a dismissal.
What happens after a drug arrest on Long Island
- Arrest or desk appearance ticket. Small possession cases often start with a desk appearance ticket. Felony cases usually mean you’re held for arraignment.
- Arraignment. The charge is read and release conditions are set. Don’t discuss the case, or where the drugs came from, with police.
- Lab testing and discovery. The prosecution must test the substance and turn over the search video and reports. We review everything for suppression issues.
- Evaluation or treatment. An early drug evaluation, and treatment if it’s recommended, often changes what the prosecution will offer.
- Resolution. Many first-time drug cases end in an ACD or a reduction to disorderly conduct, a violation. Felony cases may qualify for diversion.
Recent Long Island drug results
Dismissed & sealed
Mushrooms and LSD found in a car
Nassau County First District Court, 2026. After an evaluation and community service, the case ended in an ACD: dismissed and sealed.
Charge dismissed · Reduced to disorderly conduct
Passenger in a rental car, drugs under the seat
Nassau County First District Court, 2026. A client charged with drugs found beneath his seat resolved the case with a plea to disorderly conduct, a violation.
Dismissed & sealed
Prescription pills not in her name
Nassau County First District Court, 2026. A client found with pills prescribed to someone else during a probation check received an ACD.
Dismissed & sealed
Crack cocaine possession
Nassau County First District Court, 2026. A client with no prior record charged with possessing a small amount of crack cocaine received an ACD.
Dismissed & sealed
Cocaine possession, desk appearance ticket
Nassau County First District Court, 2026. A first-time client charged with possessing cocaine received an ACD: dismissed and sealed.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Where your case will be heard
Hempstead & Mineola
Nassau County
Misdemeanor drug cases at the First District Court, 99 Main Street, Hempstead. Felony cases in County Court, Mineola.
Central Islip & East End
Suffolk County
Cases from the western towns at the First District Court in Central Islip. East End cases in town and village courts.
Drug possession: frequently asked questions
Is possession of a small amount of drugs a crime in New York?
Yes. Possessing any amount of a controlled substance, like cocaine or pills without a prescription, is criminal possession in the 7th degree, a class A misdemeanor. Many first-time cases can be resolved with an ACD, which is dismissed and sealed.
I have a prescription for the pills. Why was I charged?
Pills found loose in a bag, or prescribed to someone else, can lead to charges. If you have a valid prescription, your pharmacy records can be a strong defense.
The drugs weren’t mine. Can I still be charged?
Yes. Police often charge everyone near drugs, especially in a car. But the prosecution still has to prove you knowingly possessed them, and there are defenses for passengers and people using someone else’s car or home.
Is marijuana still illegal on Long Island?
Adults 21 and over can legally possess up to 3 ounces of cannabis. Larger amounts, selling without a license, and driving while impaired can still lead to charges.
Can a felony drug charge be reduced or dismissed?
Often, yes. Felony drug charges can be reduced to misdemeanors or violations, dismissed after an illegal search, or resolved through judicial diversion and treatment.
How much does a drug possession lawyer cost on Long Island?
It depends on the charge and how far the case goes. Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
Free consultation in person, by video call or by phone call. We answer 24/7. The earlier we start, the more options you have.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
Appointments Only
See What Our Clients Are Saying
During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
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