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221.10 NY - Don't know what to expect, questions

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halp123

Junior Member
221.10 in NY state

Had my court date yesterday but I had it rescheduled due to a school conflict.

My question is, what should I expect?

I'm 17. The day I was caught there was nothing on me, clothing, in the car, etc., my two friends were smoking and the cops had pulled up on us when they had a little clip left but they had thrown it in the grass prior to them pulling up. I was at wrong place wrong time. I'm not sure what to do. The thing is though I did not smoke that day, but I had smoked the day before. So a drug test may be somewhat misleading. I've smoked twice in my whole life. There were four of us - two of us were smoking, they could only fit three in the car, so they took the two that were smoking and me into the car, and let the fourth one go. I don't get why I wasn't let go either.

I heard that for first time offenses it is an ACOD - and that would be ideal. How often does a judge grant it? Is it guarenteed for minors and a first offense? Does a fine come with it?

When I go into court, do I have to plead? I plan on pleading not guilty, and the two other friends intend o nbailing me and saying I was not involved. I want the easiest way out of this. I'm a well performing student, I don't smoke regularly, I'm in multiple AP classes and am going to a prestigious college that is giving me lots of financial aid. I'm not sure how well that would help my case but any material I could possibly present that could help my cause would be great.

So in total, what should I expect my first date? Would I get an ACOD? Would that require a second hearing? Do I need a lawyer? Would I have to give a urine test on my first hearing? I'm somewhat nervous of what the possible outcome may be. I don't think of myself as a bad kid, so would appreciate if I could receive some respectful responses.

Thanks in advance.
 
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Isis1

Senior Member
221.10 in NY state

Had my court date yesterday but I had it rescheduled due to a school conflict.

My question is, what should I expect?

I'm 17. The day I was caught there was nothing on me, clothing, in the car, etc., my two friends were smoking and the cops had pulled up on us when they had a little clip left but they had thrown it in the grass prior to them pulling up. I was at wrong place wrong time. I'm not sure what to do. The thing is though I did not smoke that day, but I had smoked the day before. So a drug test may be somewhat misleading. I've smoked twice in my whole life. There were four of us - two of us were smoking, they could only fit three in the car, so they took the two that were smoking and me into the car, and let the fourth one go. I don't get why I wasn't let go either.

I heard that for first time offenses it is an ACOD - and that would be ideal. How often does a judge grant it? Is it guarenteed for minors and a first offense? Does a fine come with it?

When I go into court, do I have to plead? I plan on pleading not guilty, and the two other friends intend o nbailing me and saying I was not involved. I want the easiest way out of this. I'm a well performing student, I don't smoke regularly, I'm in multiple AP classes and am going to a prestigious college that is giving me lots of financial aid. I'm not sure how well that would help my case but any material I could possibly present that could help my cause would be great.

So in total, what should I expect my first date? Would I get an ACOD? Would that require a second hearing? Do I need a lawyer? Would I have to give a urine test on my first hearing? I'm somewhat nervous of what the possible outcome may be. I don't think of myself as a bad kid, so would appreciate if I could receive some respectful responses.

Thanks in advance.
you smoke weed, but you're not a bad kid? are you serious? it's illegal. it's ILLEGAL. you KNOW it's illegal. but you did it anyway. but your not a bad kid. :rolleyes:
 

halp123

Junior Member
Twice - a poor judgement call to be honest. I tried it, and once for my friends birthday. Which was the day before. Seeing how my friends mostly smoke weed for the past year or so and I've only smoked twice and I pass up everytime I'm with them, yes, I think I've handled myself quite well. Now I'm trying to get myself out of this situation.
 

Isis1

Senior Member
Twice - a poor judgement call to be honest. I tried it, and once for my friends birthday. Which was the day before. Seeing how my friends mostly smoke weed for the past year or so and I've only smoked twice and I pass up everytime I'm with them, yes, I think I've handled myself quite well. Now I'm trying to get myself out of this situation.
first timers usually have the oppurtunity for a drug diversion program, so ask about that program. i'd recommend getting a headstart on it. even sitting in on a hearing to get an idea of what a judge might rule.

however, wait around for other seniors to respond. i'm a little concerned about the financial aid. i'm not sure if it would be affected by a criminal charge.

and keep in mind, it doesn't disappear the second you turn 18. you will need to request the expungement AFTER any probation is finished.
 

halp123

Junior Member
Drug Diversion program? I can look into that - my goal is to eliminate any possible charge. ACOD would do exactly that. I heard it is actually quite common, and I am moreso looking toward reasons why a judge wouldn't grant that. Also, is it possible to appeal the charge to get it lowered to a 221.05? The evidence was minimal, wasn't mine, etc. I guess I will hear a lot more about it at the first hearing.

Also, my question still stands, at the first hearing, what should I expect? The motions as to what I'd have to go through, etc. Recommendation if I should get a lawyer? I repeat, I do NOT want a charge. Not sure how much it would cost me. A conviction would certainly affect me long term, but I am hoping for the best as well.
 

You Are Guilty

Senior Member
§ 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B
misdemeanor.
221.10 is actually quite serious - a B misdemeanor. ACDs are possible, but far from automatic. Definitely plead not guilty and see what kind of a deal they offer. (ACD is the best bet, but then you have to stay 100% out of trouble for the next 6 months, or else the charge gets revived, along with the new one). If not, a plea to 221.05 is second best, as it is a "violation", not a crime. If they don't offer either, tell them you'd like an adjournment to obtain counsel, THEN GET SOME.

Good luck, and stay off the weed.
 

rainacidbeer

Junior Member
Getting a lawyer increases your chances of an acd,if your very lucky they might be able to find some reason to dismiss the charge out right.You should be able to get a legal aid. I don't know if they can drug test you (they probably wouldn't),unless they saw you smoke before or you admitted legally it does not matter. Speak with a lawyer to discuss your options.A lot of them offer a free consultation. Maybe you friends can admit they were smoking and your were not.If lawyer does not thing so they can try and arrange an acd for you.An acd involving drugs might be a year instead of 6 months.


I think morally nothing is wrong with smoking weed,since it's illegal it can cause you problems,as your finding out now.It doesn't matter if you think your a good person,all the court cares is did you break the law.Yes you did. It's morally ok for a 20 year old to drink beer but if cops see him outside walking w. a bag of beer,he gonna be charged with a crime.Even if he turns 21 tomorrow. Being in groups where drugs are around,is gonna cost you problems,even if you not taking any.
 
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halp123

Junior Member
Thanks for all the information.

My hearing was today - one the kids I was with got a form for ACOD, one did not; regarding myself, I was handed a sheet for ACOD as well. I was arraigned to appear in court again within a month and I intend on filing the ACOD form if I cannot get a push to drop the charges. I did not bring a lawyer but there was a public defendant present that gave me ACOD.

Again, thanks for all the information.
 

You Are Guilty

Senior Member
Thanks for all the information.

My hearing was today - one the kids I was with got a form for ACOD, one did not; regarding myself, I was handed a sheet for ACOD as well. I was arraigned to appear in court again within a month and I intend on filing the ACOD form if I cannot get a push to drop the charges. I did not bring a lawyer but there was a public defendant present that gave me ACOD.

Again, thanks for all the information.
Just remember that an ACD is not a "get out of jail free" card. If you get arrested within 6 months of agreeing to it, not only do your chances of plea bargaining the new charge go out the window, the old charge is revived and you usually end up with a worse penalty than had you plead guilty to begin with.

In other words - use your second chance wisely.
 

halp123

Junior Member
I agree, which is why next court date I will push to file for the charge to be dropped. But if I cannot then I will stick with ACD.
 

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