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Caught With Marijuana and Procuring Alcohol for a Minor in New York

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  • 10-06-2013, 02:44 PM
    Jgibbs
    Caught With Marijuana and Procuring Alcohol for a Minor in New York
    My question involves criminal law for the state of: NY

    The other night I had the worst luck. Me and a friend were trying hitchhike down a long road in the middle of nowhere leaving a huge field party. Well the cops stop us and i had about .3 marijuana bag in my pocket i totally forgot about being drunk. They patted me down and found that then said they had to search my bag now, which they found 2 beers in. So now i have two tickets ( UPM, and "Procure alcohol for person < 21" ).

    My question is: What is the best thing to do in court, plead not guilty to both? Also, what will show on my record? I am going for an internship as a software developer this week and this the last thing i need is a small nug to throw off the start of a career.
  • 10-07-2013, 06:58 AM
    Mr. Knowitall
    Re: Caught With Marijuana and Giving Alcohol to Minors in New York
    You should consult a local lawyer about trying to get a non-criminal disposition. Penal Law, Sec. 221.05 (if that's what you're charged with) is a violation, so it doesn't create a state criminal record. Penal Law, Sec. § 260.20, for providing alcohol to a minor is a criminal (Class A) misdemeanor; procuring alcohol is the act of obtaining it which is an unspecified criminal misdemeanor - but the facts you share don't suggest that to be what you were charged with doing. See ABC Law § 65-a, 65-b. Being caught in possession of alcohol as a minor is a misdemeanor. ABC Law § 65-c. Note, even a record of a violation can show up in a future background check.
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