QUESTION
What is the penalty for first offense marijuana possession?
Asked on Aug 22nd, 2013 on Litigation - New York
More details to this question:
I was pulled over by law enforcement in my county of residence - 47119. A search of my vehicle was conducted after I confessed to having a small amount of marijuana in the vehicle. Amount was less than 1 gram. I received a misdemeanor charge for possession of marijuana. I am now awaiting details for a court hearing which will arrive in the mail. I was not arrested, but I would like to know what my options are for this situation. I've heard of conditional discharge being an option for first time offenders. What kind of trouble am I looking at? Fines, community service, drug education, probation? Given the circumstances, I don't think I'll face jail time. But I am very worried about license suspension and vehicle registration being taken away. Also, any tips on local lawyers who deal with this type of offense would be greatly appreciated. Thank you for your time.
5 ANSWERS
You are not going to jail for this minor arrest, but you need to find out what kind of diversion programs are available in your county. Make sure that when you complete diversion that the charge will be dismissed. Also check to see that there is no arrest that shows up on your record. The paper work that you will receive from the court or DA will probably tell you what your options are as to diversion.
Answered on Aug 30th, 2013 at 11:04 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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A B misdemeanor is punishable by up to 3 mos. jail or up to one year probation, and intermittent incarceration is alos possible. A misdemeanor has a mandatory surcharge of $175 and a crime assistance fee of $25. The fine is a maximum of $1,000. However, you should also have your attorney avoid a drug related conviction as it will have severe implications for any future employment, government loans, etc.
Answered on Aug 30th, 2013 at 11:03 AM
You should hire a lawyer and get this relatively minor charge dismissed.
Answered on Aug 30th, 2013 at 11:03 AM
Michael J. Breczinski
In this matter you will probably have some drug counseling. Many States have programs for first time offenders to avoid getting a criminal conviction. If so DO IT.
Answered on Aug 30th, 2013 at 11:03 AM
John J. Carney
Go to Avon and find a 10.0 "superb" rated criminal lawyer to get the case dismissed.
Answered on Aug 30th, 2013 at 11:03 AM