Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Lightbulb Criminal Possession of Marijuana 221.10 New York

    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.

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

    Default Re: Criminal Possession of Marijuana 221.10 New York

    Quote Quoting mr charles
    View Post
    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.)
    What makes you think that the smell of marijuana cannot of itself provide a basis for further investigation?
    Quote Quoting mr charles
    View Post
    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.)
    Is this Nassau County or Suffolk County? Check the relevant court website, or contact the court, to see what programs they have for first-time drug offenders. Often there are ways to avoid convictions.
    Quote Quoting mr charles
    p.s. telling me to contact 'a local criminal lawyer' is not what I came here for.
    If you don't do the obvious - contact a local criminal defense lawyer to ask what the local courts do with similar charges - please don't come back and whine about an outcome which results from effectively shooting yourself in the foot.

  3. #3
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Criminal Possession of Marijuana 221.10 New York

    ok, thank you.

  4. #4

    Default Re: Criminal Possession of Marijuana 221.10 New York

    Many county courthouses have a Self-Help Center. You can check on line at the website to see.
    The paralegals cannot give specific advice but can give you a very clear picture of what you are facing.
    Mr. Knowitall is right. Your professional licensing and your income is too important to NOT consult an attorney. You can pay to see one, get your case evaluated at least. Doesn't mean you have to retain one.
    BTW, you get what you pay for. Hope this helps in some way.

  5. #5
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Criminal Possession of Marijuana 221.10 New York

    Have you cleaned out your car?

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Criminal Possession of Marijuana in New York
    By gusmeister in forum Criminal Charges
    Replies: 1
    Last Post: 10-24-2009, 10:58 PM
  2. Drug Possession: Criminal Posession Marijuana 5th In New York
    By randomhero440 in forum Criminal Charges
    Replies: 3
    Last Post: 03-18-2008, 04:27 AM
  3. Drug Possession: Possession Of Marijuana New York
    By makaveli3004 in forum Criminal Charges
    Replies: 4
    Last Post: 02-15-2008, 11:38 AM
  4. Drug Possession: Criminal Possession of Marijuana, Second Offense, in New York
    By sithjacked in forum Criminal Charges
    Replies: 1
    Last Post: 11-13-2007, 09:13 AM
  5. Drug Possession: Possession of Marijuana in New York
    By heavy in forum Criminal Charges
    Replies: 7
    Last Post: 03-22-2007, 09:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources