Drug Paraphernalia or Criminal Possesion of Marijuana

**jringo917** · 11-11-2007, 08:10 AM

This happened in Queens County, New York City.

Here is the deal, we were parked in a car waiting for our friend, and a detective car pulled up. Without asking for license and registration, they handcuffed me and my friend and searched me. My friend had a small glass pipe and weed about to be rolled in a dutch on him.

I had nothing on me, but I had a glass pipe in my locked glove compartment. While going in, being in, and after getting out of jail, they never fully explained what I did, and just kept mentioning my friend had weed on him. They gave me a Desk Appearance Ticket and told me to come to court Jan 30.

Right now, I am VERY VERY scared. I was looking over this site:
http://www.norml.org/index.cfm?wtm_view=&Group_ID=4554

On the bottom it says "Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000."

I am very afraid, this is my first offense ever, first time EVER going to a Police Station, and I am 22.

Usually, according to that law(what is the law called for Drug Paraphernalia, is there any site with New York drug laws?) I can go to jail for up to one year, and up to $1000. I can never afford that much money, and I never ever want to set foot in jail again. Forget weed, after this incident, my mind has warped into a safety mode, NO MORE RISKS, I'm not going to speed, I'm not going to ever be seen with weed outside again, I'm not breaking anymore laws.

I am still afraid for these charges.

On the Desk Appearance Ticket, on "Offense Charged" its says c/p/m.

Its C slash P slash M. Is that Criminal Possession of Marijuana? or is it something else.

I had no weed on me, and the cops know my friend had it, so c/p/m must be from the Drug Paraphernalia, but is it really? I can't tell what my offense is. I had no weed, but shouldn't the "Offense Charged" be something different then C/P/M?

I had smoked about 23 grams of weed from the pipe, could they do tests and tell its 23 grams of weed worth marijuana possession from the resin, the entire glass pipe had turned purple from its original orange color.. I read Criminal Possession of Marijuana is if its 25+ grams of possession of Marijuana, but my friend had 2 grams AT MAX.

What do I do in this situation, what is the minimum penalty for this, I am so scared, that I haven't been able to function right now, I already had enough debt problems, and now this, I think I'm going to die. Please help me out.

Also how much different are these Desk Appearance Tickets from the Pink Slip "Unlawful Possession of Marijuana".

I had a cop friend pull strings to get a friend off the hook for the pink slip summons for unlawful possession of marijuana. Will this cop, who is in the same county, be able to do the same thing for a Desk Appearance Ticket. Will this affect my college and ability to get a job? I am applying for jobs ask we speak, will I have to start putting yes under "convicted of a crime"?

Also is there a possibility that the cops just made up 25+ gram for both of us, and put it under Criminal Possession of Marijuana. Is there anyway to make sure they have the facts straight, is there anything I can do NOW about it, maybe go to the police station and ask what my charge is? I don't want to find out Jan 30 that they put it under 25+ CPM, when it was really drug paraphernalia, and unlawful possession of weed for my friend, and then not knowing how to fight it, basically it would be my word against the police officers.

**seniorjudge** · 11-11-2007, 10:34 AM

Get a lawyer.

Yesterday.

**jringo917** · 11-11-2007, 08:18 PM

I had another question, on the offense charged it says "C/P/M.

That looks like one charge, or is it 3 charges? Even though it might mean criminal possession of marijuana on the desk appearance ticket, is there a chance I might be charged with 2 offenses or is it only one?

**aaron** · 11-11-2007, 09:19 PM

It's criminal possession of marijuana.

**jringo917** · 11-11-2007, 10:35 PM

Quoting aaron

It's criminal possession of marijuana.

So you are saying the drug paraphernalia won't be mentioned, and even if its mentioned, I am not going to be charged for drug paraphernalia right?

Does drug paraphernalia have a different offense name or does CPM include that offense? If drug paraphernalia is not including in this offense, then I am being charged for only and ONLY CPM, and since there isnt enough evidence for CPM, the case should be dismissed right?

If thats true, its puts my heart at a little ease. I can say I had no weed on me, and even if they say my friend had it, and get me for that, it was about 1-2 grams of weed not 25+, which is not enough for a cpm. Even if I'm found guilty, which I hope I am not, its only a fine

Correct me if I am wrong.

What I don't get is why its CPM, it should be UPM.

I had a pipe and no weed, my friend had 1-2 grams of weed on him and a pipe, why did we get CPM. Maybe this is a screw up, a screw up that can get this dismissed. If I'm not charged with drug paraphenalia, that means It has to be dismissed, or changed to a unlawful possession of marijuana, because I had NO MARIJUANA.

Also is a Marijuana Adjournment in Contemplation of Dismissal possible? If so, how do I proceed with that, and after that getting my case sealed? How about a Disorderly Conduct violation, where I pay $200 and this stays off my record. Sorry for these questions, I can't afford a lawyer, and I would like to know what can be done before I actually go find a lawyer.

Thanks a lot for your answers guys.

**aaron** · 11-12-2007, 06:58 AM

I am not able to predict the future. It is possible that the possession charge is based on residue on the paraphernalia. It is possible that additional charges could be added. It is possible that the prosecutor decided to only charge the one offense.

You may be eligible for ACD, and that's definitely something you would want to discuss with your lawyer. If you choose not to hire a lawyer or request court-appointed counsel, ask the prosecutor.