• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Class A Misdemeanor - First Time Offense

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

captain8

Junior Member
What is the name of your state (only U.S. law)?
Manhattan, New York.

First time offense of any kind (not even a speeding ticket); 220.03 Criminal possession of a controlled substance in the seventh degree. Was taken to the precinct for about 2 hours, photos and fingerprints taken but was never read my rights (which i thought was odd). Was taken into a room at one point with guys in suits and was asked if I had knowledge of any serious crimes (20 second interview). I didn't and within 30 min, I was released with some paperwork to show up in court.

What is the likelihood to not have this show up on my record and how do I attain this.

Do I need a lawyer?

Do I plea? Never been to court so am not sure how this works.
 


adjusterjack

Senior Member
First time offense of any kind (not even a speeding ticket); 220.03 Criminal possession of a controlled substance in the seventh degree. Was taken to the precinct for about 2 hours, photos and fingerprints taken but was never read my rights (which i thought was odd).
Not odd at all. They don't have to read you your rights unless they plan to use your own statements against you.

Finding the stuff on you is enough to convict you without you saying a word.

What is the likelihood to not have this show up on my record and how do I attain this.
Slim to none.

Better read the following:

http://www.newyorkcriminallawyer-blog.com/2010/02/new-york-penal-law-22003-crimi.html

Do I need a lawyer?
Yes.

Do I plea?
A pleas is a confession. Talk to a lawyer.

Never been to court so am not sure how this works.
How it works is you can end up in jail for a year if you get convicted.

Get a lawyer.
 

FlyingRon

Senior Member
Miranda rights only come in to play if you are in custody and are being questioned. They are free to arrest you without reading you your rights if they aren't questioning you. They are also free to question you if you are not in custody. If a cop starts by saying you aren't under arrest but I have questions, you can bet you should remain silent
 

HighwayMan

Super Secret Senior Member
The guys in the suits were detectives. It's routine in an arrest like this for them to quickly debrief you in case you have any major information for them.

You received a Desk Appearance Ticket - do you have to go to Midtown Community Court or the Criminal Court on Centre Street?

Your chances of getting jail time are just about zero for a CPCS 7th in Manhattan and no record. However, the arrest will be in your criminal history and can affect you for years to come. You really should have an attorney appear with you at your arraignment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top