Criminal Drug Possession, 5th Degree

My question involves criminal law for the state of: New York

The other day, I was with my gf in my car in a parking garage in mid afternoon. She decided she wanted to smoke, and began rolling up less then a gram of marijuana. After she completed this, we proceeded to leave the garage (keep in mind the marijuana itself is not in plain sight nor burning. I was approached by an undercover officer as I attempted to leave, and he told me to hand over the marijuana claiming that he had seen this all happen. I cooperated with the officer fully, and there was nothing else in the car for him to go on (no paraphernalia or excess weed).

To make a long story short, the officers were very nice and explained that they needed to take me to the station to write me a ticket for a misdeameanor, but both officers assured me that due to this being my first offense I would be granted an ACD. During my time at the precienct, a few detectives that had asked what I was in for also said that this would be a breeze and just a slap on a wrist with a potential fine. All the officers also advised that I did not require a lawyer for this hearing.

My first question is, I recieved Criminal Possession of Marijuana in the5th Degree , from which my research has shown that I probably received this due to being a public place. I know this statute of 221.10 also indicates that the marijuana was burning, but it was never once lit, and the marijuana being in my car is a private place, is it not?

Secondly, I am 21 years of age, a criminal justice major, certainly not an avid weed smoker, and never had any prior arrests. I would rather not have to attain a lawyer as I do not have the funds for this currently, but in your opinions should I most likely receive an ACD, or are the cops lieing to me?
Finally, any suggestions for anything in the case, possibly what someone has previously done?

Thanks guys!

Quote:

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Quoting New York Penal Code, § 221.10 Criminal possession of marihuana in the fifth degree.

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A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or

2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

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I assume the charge is premised upon the marijuana being open to public view.

The best person to advise you about how helpful a lawyer will be is a local lawyer. If you're comfortable with it, you can try to talk to a prosecutor and see if you're being offered ACD - sometimes they'll talk over the phone but often with unrepresented parties they want you to appear in court - and if you're not you can plead not guilty and hire a lawyer.

Get a lawyer no matter what