Hello, I was curious to know If anyone could help me.
I'll provide the brief details;
I'm 20 years old living on Long Island, NY. I'm a daily marijuana smoker and the premises which I indulge my habits tend to be leisure areas (to my demise ). So I'm sitting, NOT SMOKING, as a passenger with my friend (in the driver seat) at roughly 5pm at a PRIVATE restaurant parking lot adjacent to the water (Great South Bay to be exact, a relaxing view after getting out of work.) I had just rolled up 2 Joints which I put in my cigarette pack, and we had left a small baggy (roughly 2-3g) in the center console with a small piece of the plastic sticking out. (In no way did this bag resemble 'substance' but rather a small piece of plastic sticking out from under the radio.)
Our relaxing sit was quickly ruined by a Ford Escape nearly touching our back bumper. Before I could realize what was going on there was a cop at each window. The one at my window quickly asked for my ID, and as I asked him for his, things began to get slightly rude.
Their first comments, "Its smells like pot in here, awww thats some stanky sh*t". Now we WERE NOT smoking, nor were we in a 'public place' as deemed by Article 240 (I believe. I'm a financial advisor not a lawyer so I'm looking for help.) Unfortunately there was a pack of rolling papers, and a small plastic piece of baggy sticking out of the small console from under the radio (Which they just happened to 'assume' was marijuana). The police quickly confiscated the marijuana; removed me from the car and searched my persons; along with my personal items in the car. (Bag with my books and papers, glove compartment with paraphernalia such as a bowl and grinder which they DID NOT confiscate.) As they searched the car my cigarettes were also found, which they removed the joint's from the pack. In all, the 'weed' amount couldn't possibly have exceeded half-an-ounce. Because they did not take my 'smoking accessories' will I not be charged for that? If not, is there some sort of testimony or report the police officer filled during my 'arrest' that will be evident on the actual court date in relation to these accessories?
Myself and My friend were charged each with a CPM 221.10 (Criminal Possession in the Fifth Degree.) Also I might add, just actually finding out what I had been charged with was a task in itself! I don't want to have to consult a lawyer on this situation; and after my own Due diligence I've found ACOD (adjournment in contemplation of dismissal) pursuant to Section 170.56 of the Criminal Procedure Law to be an option.
My main question; In the proceedings of the court are there any suggestions to the way I can have this resolved? I'm talking about real-world in court advise. This is my first 'arrest' and the last thing I want is such a trivial and useless altercation to become an issue with my Professional life (which is extremely regulated.) Suggestions Please!!!
p.s. telling me to contact 'a local criminal lawyer' is not what I came here for.