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  1. #1
    Join Date
    Apr 2007
    Posts
    1

    Default Help With A First Time Marijuana Charge in New York

    About 2 months ago I was arrested in Manhattan for smoking marijuana. I lit and smoked a pipe designed like a cigarette, which would have appeared to passersby as a regular cig. After I handed it back to my friend, rookie cop jumps out of a van and slaps on the irons and searches my person (not finding anything). After being processed, etc (not told my Miranda rights, but probably a moot point) I am seen by a court-appointed lawyer who recommends an ACD and says that I'll get a year probation and then "everything will be wiped from my record". I still don't know what I was charged with (probably a CPM), but was told to "stay out of trouble for a year and everything will be wiped".

    1. Am I considered to have been "convicted" of the charge? (I agreed to an ACD). Also, I read this excerpt:

    "The most common charge we see is "Unlawful Possession of Marijuana" (UPM - Penal Law 221.05) for possession of less than 25 grams (about 7/8 of an ounce) of marijuana. This is a violation - it is not a crime. While the law does allow for jail time, you usually will pay a fine of $100 plus a surcharge of another $100.

    Also common is "Criminal Possession of Marijuana in the fifth degree" (CPM - Penal Law 221.10) for possession in a public place where the marijuana is either burning or open to public view, or where the amount is more than 25 grams but less than 2 ounces. This is a crime - a B misdemeanor. In most cases we will be able to get you a deal where you will plead to UPM."

    from here

    -- does this mean that I have a CPM or a UPM? (I didn't have any marijuana on my person, the cop saw what me hand back a pipe that looked like a cigarette to my friend)

    2. While researching I found that NY law doesn't allow for sealing or expungement of records, so how then can my record be "wiped clean" after a year if its not allowed?

    3. NY gov't websites also claim that "records that are able to be sealed will be done so automatically when probation period is over". Which records are these? And how do I know if I qualify to have them sealed?

    3. What exactly will occur after a year?

    4. Can/Will my arrest record be removed?

    5. Upon application for licenses, jobs, etc., what will I have to reveal? What do I have to tell employers/agencies?

    6. What will show up on a typical background check? What about an FBI background check?

    7. I am applying for a medical residency soon...does anyone know if the hospital I start work at as a resident will run a background check?

    8. Is it worth talking to a lawyer about this?

    I know this post was long but my future as a physician may depend upon it and all and any help is very humbly, gratefully, welcomed to help me move past this regrettable mistake. Thank you in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help With A First Time Marijuana Charge in New York

    Skipping to the last question: You say that you have a lawyer. Of course it's worth discussing your situation with your lawyer. Discuss the likely charge and outcome with your lawyer.

    Come back if you're still confused, but come back ready to identify the specific charge you are facing.

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