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Despite its tough Rockefeller drug laws, the State of New York is fairly lenient when it comes to possession of marijuana. If your lawyer knows what he is doing, for the first time marijuana offensive should be solved with a ACOD (adjournment in contemplation of dismissal) pursuant to Section 170.56 of the penal law. This applies to the unlawful violation of possession of marijuana (221.05 of the Penal Code Act); Criminal Court of possession of marijuana in the 5th degree (221.10) and criminal possession of marijuana - 4. (221.15). The latter two are both violations - crimes. A violation is not a crime.
In many courts the judge and prosecutors are aware of this rule and the rule together with a lawyer to correct the movement. However, there are courts where prosecutors and judges can not accept. In some courts, they will try to order the defendant to do civilian service as a condition for ACOD. That is outrageous. While the community can be a part of a regular ACOD under CPL 170.55, a marijuana ACOD generally under CPL 170.56. The former statute expressly mentioned community service. The marijuana ACOD statute does not mention civilian service as an option.
In other courts, they may not like the idea of a marijuana user "" Getting Away "without consequences. This perception is unfair, because the defendant will suffer an arrest and an attorney paid a substantial amount of money. There are consequences. But more importantly, the legislature decided that a ACOD, as for the first time should be angry.
An attorney should be able to explain these issues to the local judge handling the case. And if the court still does not follow the law, the lawyer should be able to adapt to a more sensible court. There is usually an additional fee for a complaint. To make sure it is correct, the lawyer should CPL 170.56, make sure that all of the following requirements of the law, and a record showing that all necessary elements were in such a way that each appeal will be successful.
It is important for customers to ACOD, if possible, especially for young customers. Under federal law, a person who by any drug offensive is not responsible for the financial assistance. This $ 200 marijuana violation cost tens of thousands of dollars in lost grant. Also, the ACOD marijuana is more than a dismissal. New York law treats it as a nullity - something that never happened. If you are asked if you ever been arrested, such invalidity means that you have not been arrested. The records are supposedly sealed. If the customer so wishes, the lawyer should consult with the Court to ensure that the records were sealed.
Marijuana Lawyer Warren Redlich handles marijuana charges along with other criminal defense cases such as DWI, especially in the Albany area of New York State. In some cases, it comes to cases, he goes away, including the Binghamton and Rochester areas.
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