Drug Possession Attorney in White Plains

Put a Former Westchester County Prosecutor in Your Corner

Michael J. Borrelli built his career inside the Westchester County District Attorney's office, the same office that typically prosecutes drug crimes in White Plains. He supervised three DA branches (New Rochelle, Northern Westchester, and Yorktown), served as a legal advisor to more than 20 police agencies, and spent seven years in the Superior Court Trial Division. With more than 30+ years in criminal law, he knows how local prosecutors and law enforcement build drug cases and where those cases break down.

As a lifelong Westchester County resident, Michael has working relationships with every court and police agency in the county. He personally attends 99% of client court appearances, so the attorney you hire is the attorney standing next to you in White Plains City Court or Westchester County Court.

If you've been arrested or charged with drug possession in White Plains, call (914) 928-2766 for a free, confidential consultation. We're available 24 hours a day, 7 days a week.

What Drug Possession Charges Mean Under New York Law

Drug possession in Westchester County is prosecuted under New York Penal Law Article 220. The specific charge depends on the substance, the quantity, and your prior record. At the lowest level, Criminal Possession of a Controlled Substance in the Seventh Degree is a Class A misdemeanor carrying up to 1 year in jail. At the highest, First Degree possession of 8 or more ounces of a narcotic drug is a Class A-I felony with 8 to 20 years in prison and fines up to $100,000.

Between those extremes, Fifth Degree (Class D felony) can mean 1 to 2.5 years in prison, Fourth Degree (Class C felony) up to 5.5 years, Third Degree (Class B felony) up to 9 years, and Second Degree (Class A-II felony) up to 10 years. The prosecution has to prove both that you possessed the substance and that you knew it was a controlled substance. When drugs are found in a shared space like a car or apartment, prosecutors often rely on constructive possession, arguing that you controlled the location even if nothing was found on your person.

Beyond incarceration and fines, a conviction creates lasting collateral consequences:

• Permanent criminal record
• Potential loss of certain scholarships and educational financial aid
• Employment and professional licensing barriers
• Driver's license suspension
• Deportation risk for non-citizens

How We Defend Against Drug Possession Charges in White Plains

After years inside the Westchester County DA's office, Michael doesn't guess at prosecution strategy. He understands the procedures local police follow during stops and searches, the evidence-handling protocols the DA's office relies on, and the specific weaknesses that can unravel a case before it reaches trial.

Suppression Motions & Fourth Amendment Challenges

In many drug cases, the suppression hearing is the most consequential phase. If the initial stop lacked reasonable suspicion, the search was conducted without a valid warrant or exception, or consent was coerced, the evidence can be excluded. Michael's familiarity with how Westchester County law enforcement conducts stops and searches gives him an advantage when identifying procedural failures.

Constructive Possession & Knowledge Defenses

When drugs aren't found on your person, prosecutors must prove you exercised dominion and control over the location where the substance was discovered. Showing that others had equal access to that space, or that you lacked knowledge the drugs were present, can defeat the charge entirely. 

Michael has handled thousands of criminal cases across Westchester County courts and recognizes the factual patterns that make these defenses viable.

Diversion Programs & Charge Reductions

White Plains City Drug Court offers eligible misdemeanor defendants a treatment-based alternative that can lead to dismissal and record sealing. For felony charges, the Westchester County Judicial Diversion Program provides a similar path. Michael evaluates every case for diversion eligibility early because these programs have deadlines and procedural requirements that are easy to miss without local court experience. 

When diversion isn't available, negotiating a reduction from felony to misdemeanor or securing a favorable plea can significantly limit the consequences you face.

Why Choose Our White Plains Drug Possession Defense Attorney?

Many criminal defense attorneys in Westchester County are former prosecutors. What sets Michael apart is the sheer scale of experience he has working on the “other side” of these types of charges. From 2007 to 2019, he served as DWI Coordinator for the Westchester County DA's office, training every Assistant District Attorney and law enforcement officer in the county on New York criminal law procedures. He also supervised three separate DA branches and advised more than 20 police agencies.

Outside the DA's office, Michael was appointed by Presiding Justice Hon. A. Gail Prudenti to the Committees on Character and Fitness of the Appellate Division, Second Judicial Department, a judicial appointment held by very few practicing defense attorneys. He's a guest speaker at Continuing Legal Education programs attended by both attorneys and law enforcement, and an active member of the New York State Association of Criminal Defense Lawyers, the Westchester County Bar Association, and the New York State Bar Association.

His record of favorable outcomes across more than 40 felony criminal trials, covering charges from murder and robbery to burglary and attempted murder, reflects what happens when a case can't be resolved before trial. 

Drug Possession FAQ

Should I Contact a Lawyer Before My Arraignment?

Yes. Having an attorney at arraignment means someone is arguing for your release or reduced bail from the start. Early involvement also protects critical suppression deadlines that can determine whether key evidence stays in or gets thrown out.

Can Drug Possession Charges Be Dismissed in Westchester County?

They can. If a Fourth Amendment violation led to an unlawful search, or if evidence was mishandled, a suppression motion can result in dismissal. Completing the White Plains City Drug Court or Westchester County Judicial Diversion Program can also lead to charges being dismissed and sealed.

What Are the Immigration Consequences of a Drug Conviction?

Drug offenses are frequently classified as deportable offenses under federal immigration law. Non-citizens facing any drug charge should disclose their immigration status to their attorney immediately so the defense strategy accounts for immigration exposure.

What Is the Difference Between Actual & Constructive Possession?

Actual possession means the drugs were found on your person. Constructive possession means prosecutors are arguing you controlled the location where the drugs were found, even if you weren't physically present. Constructive possession charges are frequently contested because the prosecution must prove both control and knowledge.

Talk to White Plains Drug Possession Defense Lawyer Michael Borrelli Today

Drug possession charges move fast. Early intervention affects bail decisions, evidence preservation, and your eligibility for diversion programs with strict enrollment windows.

The Law Offices of Michael J. Borrelli, P.L.L.C. offers free, confidential consultations 24 hours a day, 7 days a week. Michael personally handles client cases and can be the attorney representing you in court. Hablamos español. 

Call (914) 928-2766 now to discuss your case.