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New York Drug Crimes Legal Questions

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14 legal questions have been posted about drug crimes by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
New York Drug Crimes Questions & Legal Answers
Do you have any New York Drug Crimes questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 14 previously answered New York Drug Crimes questions.
Drug Crimes
New York

Recent Legal Answers

Is there a statute of limitations for possession with intent to sell charges?

Answered 10 years and 7 months ago by Errol Henry Stambler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Yes, errolstambler.com
Yes, errolstambler.com

What is the punishment for smoking marijuana in public?

Answered 10 years and 9 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Drug Crimes
In all likelihood he will receive a straight ACD, unless there are unique facts that I am unaware of.
In all likelihood he will receive a straight ACD, unless there are unique facts that I am unaware of.

How do I deal with this Desk Appearance Ticket?

Answered 10 years and 9 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Drug Crimes
You should have received what is called a Desk Appearance ticket, which would provide you with certain details, including the date you need to appear in court and the place and time you need to appear in court.  You can call the clerk's office to see if they can assist you in figuring out the date you need to appear in court.  If you cannot afford an attorney, one will be supplied to you free of cost.  However, if you still want to retain an attorney, then you can consult with an attorney who could provide a payment plan.... Read More
You should have received what is called a Desk Appearance ticket, which would provide you with certain details, including the date you need to appear... Read More

How long does the DA have to indicte me of a drug crime

Answered 10 years and 9 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Drug Crimes
The DA has approximately 6 months to indict you for a drug crime if you have been already arrested.  If you don't feel confident in the advice you are receiving, you can ask the court for a new attorney to be assigned to you or attempt to hire an attorney.
The DA has approximately 6 months to indict you for a drug crime if you have been already arrested.  If you don't feel confident in the advice... Read More

I would like to move to ft Lauderdale fla to go in patient for drug

Answered 11 years ago by Arkady Bukh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Transferring probation from one state to another requires the cooperation of two probation offices, the one you are in, NY, and the one you want to transfer to, FL.  It already appears the NY probation does not want to cooperate and your lawyer would also need to contact FL probation.  Have another talk with your probation officer, they might prefer that you go to an inpatient facility in NY.... Read More
Transferring probation from one state to another requires the cooperation of two probation offices, the one you are in, NY, and the one you want to... Read More

how serious is a first offense, trying to buy xanax

Answered 12 years and 10 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Drug Crimes
You do not indicate how old is your son or how much xanax he was accused of  trying to buy. Once you find out what section of penal law he is charged with  then will know more as what he is up against. In any event, he needs a lawyer. 
You do not indicate how old is your son or how much xanax he was accused of  trying to buy. Once you find out what section of penal law he is... Read More

How long does the District Attorney in New York State have to indict someone after arrest is made for a class C felony?

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
The generl rule is that prosecution for a felony must be commenced  within 5 years of the commission of the crime or within 6 months of the commencement of the case, the prosecutor must be ready for trial. There are many exclusions of time for example if the defendant makes a motion, that time is not held against the prosecution.  ... Read More
The generl rule is that prosecution for a felony must be commenced  within 5 years of the commission of the crime or within 6 months... Read More

Does all jail time count even drug problems such as shock programs??

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Any time that he spent in jail relating to the particular docket number should be counted towards his total if he is later sentenced. The difficulty is that if there are multiple dockets and he is sentenced on a docket that he did not spend time in jail on, then the time in jail might not count.  ... Read More
Any time that he spent in jail relating to the particular docket number should be counted towards his total if he is later sentenced. The difficulty... Read More

I was arrested for CPCS 7th while still on ACOD from my first CPCS 7th arrest. What can I expect at my first court appearence?

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
If bail was already set and you show up to court, it is unlikely the court will make the bail higher. It is not clear if you received a conditional discharge or an adjournment in contemplation of dismissal. If it was a conditional discharge, the court could re-sentence you to up to 15 days in jail based on a plea to Discon. If it was an adjournment in contemplation of dismissal, and if the time expired,nothing will happen to you. Although ACD's are not usually given on Discon's. If the time did not expire, then you are facing the original charge, unless you pled guilty in order to get the ACD.  ... Read More
If bail was already set and you show up to court, it is unlikely the court will make the bail higher. It is not clear if you received a conditional... Read More

How do I go about getting a new lawyer for my appeal?

Answered 13 years and 2 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Drug Crimes
You or your family would have to contact the attorney and make an agreement. You must realize that the private attorney has to be paid by you or your family. Even if your family retains a private attorney it may still be possible for your attorney to receive a free transcript of the proceedings. I have been successful in making such a motion even when I was retained by the defendant's family for the appeal. As long as the defendant is indigent the court would likely provide a free transcript.   ... Read More
You or your family would have to contact the attorney and make an agreement. You must realize that the private attorney has to be paid by you or your... Read More

Want to know how much jail time my daughter will get

Answered 13 years and 4 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
It depends on what she was convicted of. If it was an A  misdemeanor, the maximum she can spend in jail for each case with a class A misdemeanor is 1 year. She should have an attorney who can argue for less time. If she can not afford an attorney, one should be appointed for her.
It depends on what she was convicted of. If it was an A  misdemeanor, the maximum she can spend in jail for each case with a class A misdemeanor... Read More

My i.d was used to promote prison contraband but I didn't do the crime! I plead guilty and the fine was paid to my contest. Can I turn the person in?

Answered 13 years and 4 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Not likely under the scenario you pose. However, there is a post judgment motion available if fraud or duress was used, see Criminal Procedure Law Section 440. You are already under oath swearing that it was you who did the crime, and now you want to say someone else did it? Would any judge believe you?... Read More
Not likely under the scenario you pose. However, there is a post judgment motion available if fraud or duress was used, see Criminal Procedure Law... Read More

Can I have a drug conviction sealed in NY

Answered 13 years and 4 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Probably it can not be sealed if the conviction was for a felony. However, if you were under age 20 at the time of the offense, you might have the conviction turned into a "youthful offender adjudication". There are sealing statutes if the case was dismissed or reduced to a violation (and not a crime). ... Read More
Probably it can not be sealed if the conviction was for a felony. However, if you were under age 20 at the time of the offense, you might have the... Read More

Do 3 violations stay on my record?

Answered 13 years and 4 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
It sounds like the 3 violations you mentioned are not crimes. Possession of alcohol under 21 is usually a city code violation and not a crime. Unlawful Possession of marijuana is a violation and not a crime, and Unlawful Trespass is also a violation and not a crime. You could ask for a public defender but because they are not crimes, the judge might not assign one. The record should be sealed in 3 years or less but if you apply for a gun permit or to be a police officer, you will have to say that you were arrested for these things and you can explain them.  ... Read More
It sounds like the 3 violations you mentioned are not crimes. Possession of alcohol under 21 is usually a city code violation and not a crime.... Read More
Drug Crimes
New York

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