Criminal Possession of Marijuana in New York State, PL 221.10 01

[alhuntington]

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

I've read the forums and I'm not sure my questions have been specifically answered.

I was arrested in New York City for - I was told - criminal possession of marijuana. The desk appearance ticket says "Top Offense Charged: PL 221.10 01"

This is what happened: I was in a deserted street in Manhattan with a friend and we decided to smoke (I do understand that this was a stupid decision). I did not smoke, but just as she started to, an undercover vehicle pulled up and two police officers stepped out and apprehended us. They asked whose it was and I said it was mine. The amount of cannabis found was probably less than a gram; certainly no more than 1.5 grams at most. They cuffed me and took me to the precinct and processed me there. I have a court date the 2nd week of July.

I'm 41. I have no record whatsoever. I've never been arrested before. I was courteous and respectful to the arresting officer and he seemed to regret arresting me... but nevertheless.

My questions are as follows:

- The arresting officer told me my case will likely be dismissed. Is this in fact probable?
- He said that I certainly would not go to jail; that at worst, I'll receive a fine. Again, is this a likely outcome? Can I rest assured that jail time will not result from this? If I am in fact fined, what kind of expense am I looking at?
- If I am convicted, will I receive an "ACD"? And if so, will I have a public record for the duration of the following 12 months or will it be sealed? A record would have devastating consequences on my ability to pursue my current educational goals.
- I'm an Ohio resident. I live in Ohio, and will have to travel to NY for my court appearance. Will this have any bearing on the outcome?

I'm also wondering if the following information has any pertinence: I have been in therapy for depression and anxiety. I was diagnosed with Major Depressive Disorder and prescribed a powerful antidepressant. However, the side effects terrified me. Several people suggested that I could get some relief with cannabis so I tried it and found that to be the case, hence the reason for my use. Is that pertinent to my case? Should I discuss it with the public defender?

Thank you in advance for your time and consideration, I'm deeply appreciative of any help.

[PADriver13]

You should consult your attorney or public defender. No one can guess what will or will not happen. Having no record whatsoever, no priors, willingness to do whatever is necessary to make amends, I'm sure a competent lawyer can get this reduced for you. As for mentioning the therapy and depression, etc. - no, it will not help. Using an illegal substance, no matter how noble the cause, is still using an illegal substance. This does absolutely nothing to help you. IANAL but I agree that you will not be going to jail over this and am sure any competent attorney can get this downgraded for you, and possibly even dismissed - but the only way I see that happening is through lack of prosecution at the hearing.

[alhuntington]

Please accept my sincere gratitude for your reply, I appreciate it so much.

It sounds like I need an attorney.

If I may follow up with a couple more questions, I'd like to seek some clarity on what to expect from this process. I've been looking into this extensively and it's my understanding that my first court date will be a hearing. At that point the case will either be dismissed outright (which appears unlikely from what I've been reading) or else I will enter a plea (all advice indicates I should plea 'not guilty') and then a new date will be set for the trial. Several people have told me that even if the case is not dismissed, no further action will be taken on it that day, and I will be free to go until the next date. Is this in fact correct? And if so, do I need to hire an attorney for the first hearing, or only for the subsequent trial?

Thanks again for your advice, insight and guidance.