QUESTION

Can I keep a criminal Possession of Marijuana off my record?

Asked on May 02nd, 2011 on Criminal Law - New York
More details to this question:
I was a passenger with my friends when the owner of the car was speeding so the cops pulled us over. They asked all of us out of the car and searched us. Didn't even know why we were searched. I had a small amount of pot for my personal use in my pocket. I was then taking to the police station and fingerprinted. Nobody even read me my rights. He ended up writing me up an court appearance ticket for Criminal Possession of Marijuana. This is my first offense. I don't have enough money right now to hire a lawyer or else I would. I qualified for a public defender and went to the first hearing. He didn't say two words to me, just handed me a paper for my next court appearance. I have left telephone messages to my PD and no response. What happens now? Also what are the chances of this not being on my permanent record? I'm also scheduled to move to Texas at the end of the month, which is 3 days after my next court hearing. Thanks a lot for any help.
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2 ANSWERS

Criminal Law Attorney serving Suffern, NY
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Based upon the facts you presented you may have a very good search issue. That means that you can challenge the seizure by the police of the marijuana that was found on you. Other than that, New York does have a marijuana ACD (adjournment in contemplation of dismissal) where the charges are administratively dismissed.
Answered on May 03rd, 2011 at 11:17 AM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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Have you been offered a marijuana ACD? You sound eligible. There also sounds like a major suppression issue regarding the search.
Answered on May 03rd, 2011 at 11:17 AM

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