Unlawful Possession of Marijuana in New York

Despite the harsh Rockefeller Drug Laws, New York State is comparatively lenient when it comes|in regards to marijuana possession. If your lawyer is aware of what he is doing,then a first-time bud crime ought to be solved with an ACOD (adjournment in contemplation of dismissal) pursuant to Section 170.56 of the Criminal Procedure Law. This applies to the Unlawful Possession of Marijuana breach (221.05 of the Penal Law); Criminal Possession of Marijuana in the 5th {degree|level} (221.10) and Criminal Possession of Marijuana - 4th (221.15). Both are both misdemeanors -- offenses. A breach isn't a crime.

In most judges that the judges and prosecutors are aware of the rule and will normally go together with a lawyer who makes the movement properly. But, you will find courts where prosecutors and judges might not take this easily. In certain courts that they will attempt to find the defendant to perform community service as a state of the ACOD. That is incorrect. While community service may be part of a normal ACOD beneath CPL 170.55, a bud ACOD normally comes under CPL 170.56. The prior statute expressly cites service. The bud ACOD statute doesn't mention community support as an alternative.
In other courts, they might not enjoy the concept of a marijuana user"getting off" without any consequences. This understanding is unfair, since the suspect will have suffered an arrest and compensated a lawyer a significant sum of money. There are impacts. But more significant, the legislature determined that an ACOD is the way the first-time crime ought to be handled.
A lawyer ought to be able to clarify these issues into the local judge handling the situation. And if this judge still does not stick to the legislation, the lawyer ought to have the ability to appeal to some more sensible Court. There'll most likely be an extra fee for an appeal. To make sure it's done correctly, the lawyer must review CPL 170.56, be certain that you follow all the requirements of the law, and also make a record demonstrating that each the vital elements were shown to ensure any appeal will triumph.
It is essential for customers to acquire the ACOD whenever possible, particularly for youthful customers. So $200 marijuana breach can cost tens of thousands of dollars lost financial aid. Additionally, the bud ACOD is over a dismissal. If you are asked if you have ever been detained, this nullity implies you weren't detained. The documents are also assumed to be sealed. If the customer requests it, then the lawyer must follow the Court to be certain that the documents are sealed.
Marijuana Lawyer Warren Redlich manages marijuana fees alongside other criminal defense cases like DWI mainly from the Albany area of New York State. In certain circumstances he covers instances farther away, such as the Binghamton and Rochester areas.