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James A. SaraceniAttorney at Law · Norwalk, Connecticut Call (203) 853-2700

Drug crimes defense

A drug charge in Connecticut can be a misdemeanor for possession or a felony carrying a prison term for sale, and the difference often comes down to quantity, intent and where it happened. The office defends drug cases from an attorney whose 27 years on the Norwalk Police Department included the Special Services Division, narcotics and vice.

Wall Street, Norwalk, a few blocks from the office on Mott Avenue
Wall Street, Norwalk, a few blocks from the office on Mott Avenue.

Possessing a controlled substance other than cannabis is a class A misdemeanor under General Statutes section 21a-279, with up to a year in jail. Sale, manufacture and possession with intent to sell are charged under section 21a-277 and are felonies with much longer sentences: for narcotics and hallucinogens, up to 15 years and a $50,000 fine for a first offense, and up to 7 years and $25,000 for other controlled substances. Some sale cases also carry mandatory minimum prison terms, under section 21a-278, for a defendant who is not drug-dependent. And intent to sell in or within 200 feet of a school, a public housing project or a licensed child care center adds a further three years that cannot be suspended, under section 21a-278a.

Most drug cases turn on how the police found the substance. A stop, a search of a car or a home, a warrant, a statement: each is a place where the State's case can be tested. Attorney Saraceni served in the unit that made these arrests, and reads the reports for what they leave out: why the stop was made, what was seen before the search, how the substance was weighed and tested, and who had control of the place or the vehicle.

What the office handles

  • PossessionAny controlled substance other than cannabis is a class A misdemeanor, up to a year in jail. On a second offense the court can evaluate whether the person is drug-dependent and may suspend the prosecution for treatment.
  • Possession with intent, sale and manufactureFelonies under section 21a-277. The charge, the quantity and the substance set the exposure, and the State has to prove the intent.
  • School, housing and child care zonesIntent to sell within 200 feet of a school, a public housing project or a licensed child care center adds three years, non-suspendable, under section 21a-278a. How the distance and the location were measured is often contested.
  • Mandatory minimumsCertain sale cases involving a person who is not drug-dependent carry a five-year minimum that cannot be suspended, with narrow exceptions. Whether the person is drug-dependent can matter a great deal.
  • Drug education and treatment programUnder section 54-56i, a court may, in its discretion, let someone charged with possession enter a drug education or treatment program with community service. When it is completed satisfactorily the charge can be dismissed. Whether it is available depends on the charge, the record and the court.
  • CannabisCannabis is treated separately under section 21a-279a. Adults 21 and over may possess limited amounts, and larger amounts bring fines or, for repeat cases, misdemeanor charges. Sale is still a crime.
  • ParaphernaliaUsing or possessing drug paraphernalia is a class C misdemeanor. Delivering it or making it with intent to deliver is a class A misdemeanor.

How a case starts

  1. Call(203) 853-2700. Say whether someone is being held and when the court date is.
  2. Free consultationThe first 30 minutes are free, in the office on Mott Avenue or by phone, by appointment. Bring the paper you were given at booking and any lab or search paperwork.
  3. The fileThe police report, the warrant, body-camera video, the lab report and the chain of custody. Attorney Saraceni reviews how the stop and the search were conducted before advising on a plea or a trial.
  4. CourtHe appears with you in Stamford, Bridgeport, Danbury, Torrington or New Haven Superior Court.

Questions people ask first

Is possession of drugs a felony in Connecticut?

Possession of a controlled substance other than cannabis is a class A misdemeanor. Possession with intent to sell, sale and manufacture are felonies. The quantity, how the substance was packaged and what else was found are what the State uses to argue intent.

What is the drug education program?

Section 54-56i lets a court, in its discretion, place a person charged with certain drug possession offenses in a drug education or treatment program, with community service. If it is completed satisfactorily the person can apply to have the charge dismissed. It is not available in every case and the court decides.

Can the police search my car or home without a warrant?

Sometimes. The rules on stops, consent, warrants and exceptions are detailed, and the way a search was done is often the central question in a drug case. If the search was unlawful, what was found can be challenged.

Is it still a crime to have marijuana in Connecticut?

Adults 21 and over may possess limited amounts under section 21a-279a. Larger amounts, sale, and possession by people under 21 are treated differently. The rules turn on the amount and your age.

What if the drugs were not mine?

Possession requires that the State prove you knew of the substance and had control over it. Where drugs are found in a shared car or home, who had control is a common issue.

See also the published case results, what clients have said, questions about fees and courts and what happens after an arrest in Norwalk.

Prior results do not guarantee a similar outcome. Every case turns on its own facts. Nothing on this site is legal advice, and contacting the office does not create an attorney-client relationship.

Other practice areas

Talk to the office before you talk to anyone else.

The first 30 minutes are free. Call, or tell us about your case and the office will call you.

(203) 853-2700
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Office9 Mott Avenue, Suite 307, Norwalk, CT 06850By appointment. In person or by phone.
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