5th Degree Misdemenor?

[Geeves111]

What is the name of your state? New York

Recently me and 3 friends were on our way to Vermont and were pulled over for speeding, cop claimed he smelled marijuana, searched the care and found 28.3 grams of pot, and 3 pipes. All our cash was siezed, we were ticketed in violation of Section 221.10 sub devision 2 of the Penal Law of the State of New York, and finally released. Our court date was set for this Friday the 17th of Jan.

We're all basiclly planning on going in and pleading guilty. Also we all live either in Pennsylvania or New Jersey and we are all students over the age of 20. What kind of fines, time, probabtion, are we looking at here? Is there any way to get out of any of this or have charges lessened?

 

[hmmbrdzz]

I saw today where you had posted this note on the 13th; court was on the 17th; today is the 21st. Can you tell us if you pleaded guilty to all charges and what happened?


hmmbrdzz

 

[Geeves111]

well...

Well I ended up talking with a public defender, he advised me to pleade not guilty to all charges so he could try to get the charges lessened. He wants to try to make it look like that since there were 4 of us, it's not fair to charge us all with 1 ouce, instead he wants to break it up so each of us had 1/4 ounce. Which I would then gladly pleade guilty to. But if he can't do anything then I have to go back April 2nd and change my plea to Guilty, bend over, and recieve whatever kind of shaft the want to give to me.

 

[hmmbrdzz]

I think you'll be glad you have a PD. And if he can't do for you, it sounds like you're ready to take whatever is coming.


hmmbrdzz

 

[Geeves111]

Yea, I'm ready to take whatever they're gonna give. Not like I have too much of a choice in the matter. But I still wish I knew what I was looking at so i could atleast prepare myself

 

[hmmbrdzz]

I wish I could tell you. The reason I wanted to know what had gone on with your case was because it looked like -- from reading your first post -- that someone was getting ready to plead guilty to possibly a felony possession (an oz). I'm actually not certain if an oz possession is a "felony" charge (you had 5th degree misdemeanor), but I know the fines and penelties go up when it's an oz. I think you were wise to get a PD.

I hope someone here can help you with respect to what you're possibly looking at as far as fines, probation, etc. in either case you presented.

hmmbrdzz

 

[NorthDA]

MJ

Unless you have: (a) a brand-spankin-new attorney; or (b) a criminal record, you should be able to readily determine a ball-park idea regarding a potential sentence. Simply call your PD and ask what a standard disposition would look like if you were to plead guilty. These aren't exactly exotic charges here. A public defender should readily know what your looking at. And, I would be surprised if its anything beyond a fine. The court may give you some stayed jail time (jail hanging over your head in case you don't pay the fine), but since you live out-state you may not even get the probation. This may be slightly optimistic, but it's no stretch, I see it every day.