Charged with a Crime in New York?

LaGuardia Airport was established in 1929 and is named after the former mayor of New York City, Fiorello La Guardia. The airport serves mostly domestic flights, but has limited flights for international destinations as well. La Guardia is the third-busiest airport in the New York metropolitan area and is considered a major airport in the U.S.

As one of the most traveled airports in the country, there are many drug arrests at LaGuardia. Drug charges can result in serious penalties, including significant time in prison. 

This article explains the legal implications of drug-related offenses at LaGuardia Airport, and the role of an attorney in these cases. Those arrested for drug charges are advised to seek legal assistance from a knowledgeable attorney, such as the experienced criminal defense attorneys at Rosenblum Law.

Overview of Drug Laws and Enforcement at LaGuardia Airport

Legal jurisdiction at La Guarida Airport is divided between federal and state, depending on exactly where someone is arrested. 

Someone arrested for drugs at screening areas at LaGuardia Airport would be under federal jurisdiction – specifically that of the Transportation Security Administration (TSA). Someone arrested in another area would be under state jurisdiction.

Important Federal Drug Laws

The Controlled Substances Act (CSA) specifies five different schedules, or categories, of drugs:

• Schedule I: This schedule has a higher risk of abuse, no medical value, and no recognized safe use unless within a medically supervised context. Schedule I includes marijuana, heroin, LSD, DMT, ecstasy, and various other drugs. Note that some states, including New York, allow medical use of marijuana.
• Schedule II: This category includes drugs that have low risk of abuse, moderate physical dependence, minimal danger of psychological dependence, and some medical usage. For example, cocaine, oxycodone, adderall, and methadone. 
• Schedule III: Having a low potential for abuse, this category of drugs are those with accepted medical use, but with a high risk of psychological dependency or moderate risk of physical dependence, such as ketamine and anabolic steroids.
• Schedule IV: Long-acting barbiturates make up this category, such as xanax and tramadol
• Schedule V: This category includes some preparatory substances with limited amounts of certain narcotics, such as certain cough preparations, lyrica, and lomotil. 

Differences Between Possession, Distribution, and Trafficking

Possessing illegal drugs is a different crime than trafficking drugs, the latter coming with more serious penalties. People are generally charged with drug possession when they are caught with smaller amounts of illegal substances for personal use. Drug possession can be charged as either a felony or misdemeanor.

Drug distribution charges can be filed against someone caught with larger amounts of controlled substances or cash. The person may be charged with drug trafficking if it appears they intend to sell the drugs. Prescription drug distribution can result in drug distribution and trafficking charges as well. 

Someone could be charged with constructive possession of drugs if they physically possess another person’s drugs. Additionally, constructive possession charges could result from someone having control over the location of the drugs, such as having a key that opens a locked container with controlled substances inside.

State Drug Laws in New York

As mentioned, while LaGuardia Airport screening areas are controlled by the TSA, jurisdiction switches to the State of New York outside of these areas of the airport. Therefore, those who are arrested for drugs at LaGuardia Airport while outside of the TSA screening areas will be charged under NY state laws. 

Under the public health laws of New York state, there are hundreds of types of drugs listed and regulated. State laws also categorize various drugs into five schedules. Note that marijuana possession, within a certain amount, is legal for those at least 21 years old, despite the drug being categorized as Schedule I.

Illegal possession of drugs in the state of New York can be charged as either a felony or a misdemeanor. This will depend on the seriousness of the specific alleged criminal action. 

• Class A-1 felony: This class of felony is reserved for those arrested for possessing eight or more ounces of substances that contain a narcotic drug. Also, those caught with 5,760 milligrams of methadone may also be charged with a Class A-1 felony. The penalties for this class of felony is eight to 20 years behind bars or a $100,000 fine.
• Class B to Class E felonies: These lesser felonies have penalties ranging from one to nine years in prison and $15,000 to $30,000 in fines. 
• Class A misdemeanor: This misdemeanor charge can result from being caught with one to five pounds of marijuana. Also, having five ounces to two pounds of concentrated cannabis product can result in a Class A misdemeanor charge. For other controlled substances any amount that does not reach the threshold for felony classification will also result in a Class A misdemeanor. Note that residue of a banned controlled substance that is in or on a hypodermic needle would not constitute a violation. Additionally, one cannot be charged with a Class A misdemeanor possession if the illegal substance is discovered as a result of seeking immediate medical assistance for another person who is suffering from a drug or alcohol overdose. The penalties for this charge is less than a year behind bars. 
• Non-criminal violation: With a potential fine of up to $125, a non-criminal violation of marijuana possession is reserved for those caught with three ounces to one pound of cannabis or 24 grams to five ounces of concentrated cannabis product. Non-criminal violation of drug possession is only applicable to marijuana.

Intent to transfer drugs along with the ability to do so can result in being charged with illegally selling drugs. This charge is categorized into five degrees based upon the severity of the alleged criminal action. 

• Class D felony: This is a fifth degree charge of illegally selling a controlled substance, which can be applied to those who knowingly commit the criminal act.
• Class C felony: This is a fourth degree charge that is reserved for those knowingly selling certain types of drugs, such as narcotic preparations, dangerous depressants, certain amounts of concentrated marijuana, phencyclidine, methadone, and more.
• Class B felony: Considered a third-degree felony, this class of felony is reserved for those attempting to sell a narcotic drug, stimulant, hallucinogen or conspiring to do so while having a previous conviction of selling drugs. Also, those without a previous conviction will be charged with a third-degree violation if caught selling specific amounts of these substances.
• Class A-II felony: This second-degree felony is reserved for those who knowingly sell the same substances of a third-degree charge but in larger amounts. This charge also includes selling larger amounts of methadone as well.
• Class A-I felony: Considered a first-degree felony, this is reserved for those selling even larger amounts of drugs than a second-degree charge, as well as those who are considered major drug traffickers.

Punishments for felony charges for selling drugs depend on the felony degree. Sentences can vary between one year to life in prison.

TSA, DEA, and Port Authority Police Roles in Drug Enforcement

LaGuardia Airport has various governmental agencies in charge of enforcing drug laws. The TSA’s responsibility is to protect the security of U.S. transportation systems, including airports. Once the TSA has detained an individual caught with drugs, the agency may transfer custody of the suspect to the Drug Enforcement Agency (DEA). The DEA enforces federal drug laws, including in TSA-controlled screening areas at LaGuardia Airport. 

The Port Authority of New York (PANY) is another agency that has the power to enforce drug laws at LaGuardia Airport. The PANY is tasked with enforcement of city and state laws. This means PANY deals with areas of the airport that are outside of the jurisdiction of federal law.

Common Scenarios Leading to Drug Arrests at LaGuardia Airport

Many different situations can result in someone violating drug laws at LaGuardia Airport. 

Possession

Commonly, this occurs when someone puts drugs in checked baggage or a carryon bag. It is also possible to be arrested for physically carrying drugs and/or consuming them at the airport.

Trafficking

Another common scenario is being arrested for trafficking drugs at LaGuardia Airport. Usually the suspect is attempting to transport drugs in his or her baggage with intention to sell and distribute. Generally, one is charged with drug trafficking when caught with larger quantities of drugs or large amounts of cash.

Improper Documentation

Failing to have proper documentation for prescription medication could also result in an arrest. This is especially common if the medication is a controlled substance and the individual does not have proof that it was prescribed to them. 

Potential Consequences of Drug Convictions

There are serious consequences associated with being convicted on drug charges. Many of these can be completely life changing.

Criminal Penalties

Criminal penalties can include steep fines and time behind bars, with the most serious charges even carrying a life sentence. 

Immigration Status and Restrictions on Travel

A felony drug charge can be a serious problem for those residing in the U.S. with a green card or visa. They could be deported, prohibited from entering the country again, and barred from becoming citizens.

Employment and Professional Consequences

Employment prospects can be negatively affected by a drug conviction. Employers will see a felony conviction if they require criminal and background checks. Additionally, having a felony conviction can keep someone from obtaining or retaining some types of professional licenses.

Defense Strategies in Drug Cases

Potential legal defense strategies available for drug charges vary depending upon the facts of the case. Here are some possible options:

• Legality of the search and seizure: There may be an opportunity to challenge the legality of a search and seizure conducted by the TSA, DEA, and/or other law enforcement authorities. If law enforcement failed to use the proper legal procedures, the search and seizure may have produced inadmissible evidence. 
• Validity of arrest and detention: If law enforcement did not follow proper procedures, it may be possible to challenge the validity of the arrest and detention actions.
• Lack of intent or knowledge: The defendant could argue that he or she did not intentionally violate drug laws. For example, they could try to show that they did not know they were in possession of a controlled substance.
• Arguing lawful possession: A defendant could argue that they were not breaking the law by being in possession of a controlled substance, for example, if they had a valid medical prescription.
• Plea deals or diversion programs: The defendant can attempt to negotiate with prosecutors for a lesser charge through a plea deal. They can also ask for alternative sentencing via diversion programs in order to avoid time in prison. 

It is important to note that an attorney is best equipped to argue a defense strategy on behalf of the defendant. An attorney will have the experience and insight to effectively formulate and present a defense strategy, making it more likely that their client will receive a better outcome.  

How a Lawyer Can Assist Someone Arrested for Drugs at LaGuardia Airport

The first thing someone should do if arrested for violating drug laws at LaGuardia Airport is consult with a criminal defense attorney. This should be done prior to being questioned, and at no point should the person answer questions from authorities without an attorney present.

Among other things, an attorney can:

• Challenge a potentially illegal search and seizure by law enforcement
• Help secure a pretrial release through bail proceedings
• Negotiate with prosecutors to get charges reduced or dropped
• If necessary, represent the defendant in court, presenting arguments and evidence on the defendant’s behalf
• Implement defense strategies, like those outlined above, based on the charges and circumstances specific to their client 

FAQs

Contact Rosenblum Law Today

Being arrested for drug charges at LaGuardia Airport is a serious matter. It is important to have a strong legal strategy if you have an upcoming criminal trial. Hiring  an experienced attorney is necessary to ensure your legal rights are protected. 

The attorneys at Rosenblum Law are experienced in dealing with drug cases and will provide you with an effective legal defense. Contact us now for your initial consultation.