Unlawful ownership of Marijuana in New York

Nys Attorney Directory - Unlawful ownership of Marijuana in New York

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Despite its harsh Rockefeller Drug Laws, New York State is relatively lenient when it comes to marijuana possession. If your attorney knows what he's doing, a first-time marijuana offense should be resolved with an Acod (adjournment in contemplation of dismissal) pursuant to Section 170.56 of the Criminal procedure Law. This applies to the Unlawful ownership of Marijuana violation (221.05 of the Penal Law); Criminal ownership of Marijuana in the 5th degree (221.10) and Criminal ownership of Marijuana - 4th (221.15). The latter two are both misdemeanors -- crimes. A violation is not a crime.

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In many courts the judges and prosecutors are aware of this rule and will commonly go along with an attorney who makes the motion properly. However, there are courts where prosecutors and judges may not accept this easily. In some courts they will try to get the defendant to do community assistance as a health of the Acod. This is improper. While community assistance can be a part of a quarterly Acod under Cpl 170.55, a marijuana Acod commonly comes under Cpl 170.56. The old statute specifically mentions community service. The marijuana Acod statute does not mention community assistance as an option.

In other courts, they may not like the idea of a marijuana user "getting away" with no consequences. This perception is unfair, as the defendant will have endured an arrest and paid an attorney a sizable whole of money. There are consequences. But more important, the legislature decided that an Acod is how a first-time offense should be handled.

An attorney should be able to interpret these issues to the local judge handling the case. And if that judge still doesn't follow the law, the attorney should be able to motion to a more sensible Court. There will normally be an further fee for an appeal. To make sure it's done right, the attorney should delineate Cpl 170.56, make sure to follow all of the requirements of the law, and make a report showing that all of the primary elements were proven so that any motion will succeed.

It's important for clients to get the Acod if possible, especially for young clients. Under federal law, a someone convicted of any drug offense is ineligible for financial aid. So that 0 marijuana violation can cost tens of thousands of dollars in lost financial aid. Also, the marijuana Acod is more than a dismissal. New York law treats it as a nullity - something that never happened. If you're asked if you've ever been arrested, this nullity means that you were not arrested. The records are also supposed to be sealed. If the client requests it, the attorney should follow up with the Court to make sure the records have been sealed.

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