Rockland County · PL 220.06
Criminal Possession of a Controlled Substance in the Fifth Degree Lawyer in Rockland County — Rockland County Court
This felony applies when you possess a controlled substance with intent to sell it, or when you possess listed amounts such as one-half ounce or more of a narcotic preparation, 500 milligrams or more of cocaine, or 50 milligrams or more of PCP.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492One mistake should not define your life
Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.
If you or a loved one is facing Criminal Possession of a Controlled Substance in the Fifth Degree allegations connected with Rockland County Court in Rockland County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.
How this charge moves through this court
Rockland County Court is located at 1 South Main Street, New City, NY 10956. Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.
County Court generally handles felony prosecutions. A misdemeanor or violation ordinarily proceeds in a local court, although it can be part of a larger prosecution. Your attorney can confirm the proper court for your case.
What happens at your first appearance
Before your appearance at Rockland County Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.
If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.
What the prosecutor must prove
The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.
- You knowingly and unlawfully possessed a controlled substance.
- You intended to sell it, or the substance and weight met one of the listed thresholds.
Defenses that commonly apply
A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.
- The weight does not meet the threshold the charge depends on.
- The laboratory analysis is unreliable or the sample was not properly handled.
- You did not know the substance was present or what it was.
- The search or seizure violated your rights.
Penalties and collateral consequences
Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.
Weight and intent-to-sell allegations are the heart of this charge. A reduction to a possession violation can change a felony record into a much smaller one.
An experienced attorney, a strategy built around you
Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.
If the police made a mistake, the truth matters
Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.
Working together on your defense
Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.
Text us immediately · (845) 290-2492Every case turns on its own facts. The information on this page is general, not legal advice.