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  1. #1
    Join Date
    Dec 2010
    Location
    Flushing, New York, United States
    Posts
    3

    Post Possession of Marijuana 221.10

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

    I am an 18 year old student living in New York charged very recently with a 221.10. I was in a car with my friend rolling a marijuana cigar, with less than a gram of marijuana (not parked on a public street, off the street on a grassy slope facing a cemetary) and after it was rolled i placed the cigar on my lap when my friend stated that a car had pulled up very close and 3 police officers (not in uniform) jumped out. The lights were on in my car with no key in the ignition. The windows were somewhat foggy. When the officer tapped on my window i reached for the center console to grab my keys to lower the window, accidentally pushing the cigar to the floor from my lap. The officer then opened my door, instructed me to put my hands on the wheel, arrested and brought my friend and I to a precinct for 3 hours. I later found out that they had charged me with a 221.10 and was wondering, given the circumstances, what are my chances for reducing this to a violation? The cigar was not lit, was just sitting on my lap evenly rolled so I dont even believe they came to the car out of seeing a cigar in there, i believe they came to investigate why my lights were on. Can someone offer some insight please? This would also be my first offense, ever (not counting a dismissed violation drug charge). Could this case possibly be dismissed as well? Any and all information would be extremely appreciated
    Note: I was officially arrested, yet was not read my Miranda rights, if that means anything

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