Friend was caught with Marijuana: How should he ask the judge for an ACD?

[science116]

My friend was recently on a trip up to Niagara Falls (US side) and was busted en route in Amherst, NY for possession of 10 grams of Marijuana. He is freaking out because he can't afford a lawyer. It is his first offense and I heard that it would be possible for him to get an ACD based on the nature of the charge and that it is his first offense. We are both trying to figure out three things before his court date...

1) To get an ACD should he plead guilty or not guilty?

2) Should he ask the judge for an ACD in light of the charge or should he see if the judge brings it up first?

3) Would khakis and a button down with a tie be acceptable for court?

Court date is within the next two weeks.

 

[Zigner]

He should direct these questions to his attorney.

 

[HighwayMan]

He should speak to the town/village prosecutor when he appears in court. The prosecutor decides on any plea deals, subject to the judge's approval.

 

[sandyclaus]

He should direct these questions to his attorney.

He should speak to the town/village prosecutor when he appears in court. The prosecutor decides on any plea deals, subject to the judge's approval.

He should direct his questions to his attorney, who in turn should be speaking with the town/village prosecutor about whether or not an ACD is an option and how to go about getting it.

 

[HighwayMan]

OP's "friend" seems to be indicating that he won't be getting an attorney. My guess is that a public defender won't enter into this if the prosecutor is willing to make a deal - and that's pretty likely.

10 grams is pretty meaningless - it's still only a violation punishable by a fine of not more than $100 - no jail time.

The prosecutor really has nothing to lose by offering a reduced charge like some local town ordinance and hitting the defendant with the same or greater fine.