Criminal Possession of Marijuana - NY

[welf0621]

What is the name of your state? New York

Ok so this is what happened. Was walking home around 1:30 AM and decided to hit a bat(small metal looking cigg used for smoking pot). Bad decision because there was a cop that I didn't see like 10 ft away. Walked over to me and was basically like what is that. Was upfront and told him. He confiscated it(i dont think that there was any marijuana left in it when I gave it to him). He then handcufed me put me in the back of his car and brought me to the station. He ended up writing me up an court appearance ticket for Criminal Possession of Marijuana. Do I need to get a lawyer or should I go with the PD. Also what are the chances of this not being on my permanent record? Thanks alot for any help.

 

[FlyingRon]

If this is your first offense a thing called "ACD" is possible where essentially they put you on probation and dismiss the charge if you complete the probation successfully.

PD isn't a freebie that you get because you are unwilling to pay for a lawyer. You need to be indigent to qualify for one.

Obtaining your own lawyer would probably be advisable.

 

[welf0621]

This is my first offense. I cannot automatically get a PD? I dont have enough money right now to hire a lawyer or else I would. It isnt the same thing as regular tickets and stuff where you show up for the appearance and you meet with the PD couple minutes before you see the judge?

 

[You Are Guilty]

Are you sure you got cited for criminal possession and not unlawful possession? Crim Poss is a Class B misdemeanor, whereas Unlawful is a $100 violation (i.e. parking ticket).

Either way, if you don't qualify for a PD, depending on your county, at some point you will have the opportunity to speak to the ADA and find out what plea, if any, is forthcoming. An ACD for your first offense is not unreasonable. Nor is copping a plea to Unlawful Possession (which the ADA might like more since they can collect the $100 fine).

 

[welf0621]

Ok but before I walk up in front of the judge I will meet with someone who will tell me what to say and do right?

 

[You Are Guilty]

Ok but before I walk up in front of the judge I will meet with someone who will tell me what to say and do right?

It depends what court you're in. For example, in certain boroughs of NYC, you go sit in a big room with a few hundred other people and get called up to the judge one by one, where the ADA is waiting and you get to hear the deal being offered for the first time. In a lot of upstate towns, you go into a room with a bunch of other people, and the ADA calls your name and conferences your case with you prior to seeing the judge.

In either scenario, no one (other than your lawyer) will "tell you" what to do or say.