It is essential for New York residents to know and understand their legal rights whenever they are suspected of or accused of criminal conduct. For example, what is said and done at the time of an arrest on drug charges could be vital when the case goes to court. Suspects must remember that criminal convictions are based on proof beyond a reasonable doubt, and until the prosecution can establish that, the accused individuals will remain innocent in the eyes of the law.
A 28-year-old man from a neighboring state was recently arrested in Orange County after an investigation that was a collaboration between New York State Police investigators and the City Police Department of Port Jervis. Reportedly, the man's arrest followed the overdose death of another person who allegedly bought the drugs that caused his death from the accused man. Investigators say State Police responded to a Sparrowbush address at which a deceased victim of an overdose -- reported to be heroin -- was discovered.
This occurred early on a recent Saturday morning. Investigators allege they found the 28-year-old man in possession of a large number of packets containing heroin in Port Jervis later that day. He was arrested two days later. They allege the deceased man overdosed on heroin purchased from the suspect, and the accused is now facing a Class B felony charge of 3rd degree criminal sale of a controlled substance.
Anyone in New York who is arrested on drug charges may realize that the first, and most important, step is to refuse to be interviewed or to answer questions without having legal counsel present. In a case such as this one, an experienced criminal defense attorney can scrutinize the procedures law enforcement followed during the search and seizure and arrest processes. Furthermore, the lawyer can examine the charges and the evidence of proof that the seized substances are what police claim they are, as well as the evidence to prove that the deceased person died from products provided by the accused individual.
Source: hudsonvalleynewsnetwork.com, "Suspect Charged with Selling Heroin Resulting in Overdose Death", Kathy Welsh, April 23, 2018