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Arrested for Criminal Possesstion of Marijuana in the fifth degree. (221.10 01) NYC

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nortebynature1

Junior Member
What is the name of your state (only U.S. law)? New York
Last night i was arrested by undercover nypd officers, as i left the car of a man that i purchased a small amount of marijuana (.7grams) from. I was arrested as was the man as he drove away and taken to the precinct. While there an officer told me, that if i write a written statement from the man, saying this man sold me marijuana, i would be released from jail. I did so naively. I have only one very stupid previous arrest for shoplifting, under which i was granted an ACD which was in august. What are teh chances that i will be convicted for the previous case? DId I automatically plea guilty for writing the statement? I am a student who attends a college on the west coast, and my court date is scheduled for while I'm at school. I dont have enough money to buy a ticket home, so I am in quite a predicament. What can i do about this? :(
 


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You Are Guilty

Senior Member
I should have asked whether the ACD issued more than 6 months after this last ticket. (If yes, then your original charge is dismissed. If no, then the original charge gets revived, along with the prosecution on the second charge.)

As for a lawyer, unless you can arrange on your own to have the court date adjourned to one at which you can personally appear, you need a lawyer to make the appearance for you, which will prevent a "failure to appear" charge being issued on top of everything else.

If you cannot afford one, you can request one when you go to court. If you want to hire one, you can contact these folks to get some names and prices:
http://www.nysba.org/Content/NavigationMenu/PublicResources/NeedaLawyer/Hire_an_Attorney.htm
LRIS attorneys agree to provide an initial consultation of up to one-half hour for a $35 fee. Attorneys will give FREE consultations for personal injury matters, as well as medical malpractice, social security, unemployment and workers' compensation issues.

During the visit, you and the lawyer will discuss your case. If it is determined you do have a legal problem, it is up to you to make another appointment or to authorize the lawyer to take action on your problem. Any fees beyond the initial consultation fee will be decided between you and the lawyer.

Remember, if you have a legal problem, you should have legal representation. The Lawyer Referral and Information Service is designed to serve people who can afford the services of a lawyer. Those who have legal problems and cannot afford a lawyer should contact the Legal Aid Office in their community.
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donkort1

Junior Member
I wish I could tell you otherwise--but it has not been 6 months since your August ACD. This means the case has not been dismissed, and sealed under CPL 160.50.

I believe it will probably mean that the case for which you were ACD'd will be restored by the fact of you having been arrested for CPM-5.

You should seek legal counsel.
 
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