Given a Violation for pot

[Brs718]

Location: Bronx,NY


On Saturday August 12th, me and two of my close friends went to the park
It was my last week being back home before I go off to Florida for school. I had about 2-3 grams of marijuana left in my pocket, but what gave us away foolishly was the open container of beer. The female officer of the group didn't hesitate to hand out my weed "give up the weed we know you got some, give it now or be searched" knowing me I gave it up since I never been in any predicament of this sort.

My court hearing is set for 10/18, and the whole process was so off like what cops leave you feeling; I felt like my questions werent answered as they should and they tell me "not to worry about it". But I showed up to court the following day and I hear a different story now, I have to be here for the court date or have a note for someone to represent me the only person I kno is my friend who was with me that night, I can't be here because ima be in school. So now I'm charged with a NYC UMP 221.05 my first offense now I'm not sure on what's going to happen on my court date, or whether I'm going to lose financial aid and drop out of school.

 

[HighwayMan]

The female officer of the group didn't hesitate to hand out my weed

Who did she hand it out to?

My court hearing is set for 10/18...But I showed up to court the following day and I hear a different story now...

Why did you go to court the next day and what "story" did you hear?

I have to be here for the court date or have a note for someone to represent me the only person I kno is my friend who was with me that night, I can't be here because ima be in school.

This isn't like elementary school. You don't send in a note with someone else. The ONLY person who can represent you is an attorney. You know, a LAWYER.

So now I'm charged with a NYC UMP 221.05 my first offense now

That's UPM - Unlawful Possession of Marijuana.

whether I'm going to lose financial aid and drop out of school.

Well school certainly doesn't seem to be helping... "ima be in school" and all.

Where did this take place? Like what borough? What court address is written on the summons?

 

[Brs718]

I'm sorry if there was a misunderstanding, the officer said " to hand out the weed she suspected in my pocket"
This occurred in the Bronx and the court is in the Bronx as well. I went to court the following day trying to settle this, since the precinct suggested me to do. Once I was there I was told I can represent myself through a friend with a notarized document giving permission to do so. In all honesty I've never committed any offenses I am 23 I take full responsibilities of the actions I take but this was a mistake I learned from and will continue doing so.

 

[Ohiogal]

I'm sorry if there was a misunderstanding, the officer said " to hand out the weed she suspected in my pocket"
This occurred in the Bronx and the court is in the Bronx as well. I went to court the following day trying to settle this, since the precinct suggested me to do. Once I was there I was told I can represent myself through a friend with a notarized document giving permission to do so. In all honesty I've never committed any offenses I am 23 I take full responsibilities of the actions I take but this was a mistake I learned from and will continue doing so.

You can represent yourself but your friend can not do ANYTHING for you as that would be practicing law without a license!

 

[Brs718]

You can represent yourself but your friend can not do ANYTHING for you as that would be practicing law without a license!

This is something the people at the office for the summons suggested me doing , I am going to plead guilty and whatever happens I have to have acceptance of it as of now. I have no money to pay for attorneys. I even asked twice if what they "recommended" was enough and they issested yes. They said as long as the person representing me is on the document comes with ID as well.

 

[tranquility]

If you don't have the money to pay for your attorney, how will you have the money to pay for your education once you lose federal grants and loan guarantees?

The law regarding minor drug convictions is silly, but, it is the law.

Google: marijuana conviction federal aid

 

[Mass_Shyster]

I am going to plead guilty and whatever happens I have to have acceptance of it as of now. I have no money to pay for attorneys. I even asked twice if what they "recommended" was enough and they issested yes. They said as long as the person representing me is on the document comes with ID as well.

Unless the ID they present is a bar card, they'll get themselves in a heap of trouble.

In general, pleading guilty without the advice of an attorney is a bad idea. For one thing, there's a very good chance you will lose your financial aid due to a conviction. It's also possible that a lawyer can argue that you were coerced into giving up the weed, and that it should be suppressed.

 

[Brs718]

I'm aware of the federal law on aid, I will have to drop out no questions asked as hard as it is for me to say. I can't bear the burden of my mom paying for this she does enough as it is. I'm scared on what the future holds now but I can't have lawyers those are costly and his is state verified ID.

 

[tranquility]

You seem to be aware of your options. Get an attorney, do it yourself or plead guilty and lose BOTH the case and your schooling. I don't think you can do it yourself as the defense would be technical and would probably involve some plea deal. You know, the state does not want to go through the cost of going to court and reduces or defers the charges to a non-drug offense of some type. YOU will not get to make a deal because the prosecutor will know the threat of court is just blowing smoke. You need an attorney. Find one who might take payments.

 

[Brs718]

You seem to be aware of your options. Get an attorney, do it yourself or plead guilty and lose BOTH the case and your schooling. I don't think you can do it yourself as the defense would be technical and would probably involve some plea deal. You know, the state does not want to go through the cost of going to court and reduces or defers the charges to a non-drug offense of some type. YOU will not get to make a deal because the prosecutor will know the threat of court is just blowing smoke. You need an attorney. Find one who might take payments.

I read a lot on the subject, this is a nightmare happening over a stupid decision
I will ask for attorney but won't be able to keep up with payments since I work doing minimum wage.
This whole court procedure is all new to me, I expected a $100 fine and community service

 

[Brs718]

Decided to hire a lawyer, spoke to one who can do payments I guess there goes my summer savings but there's a price to consequences. I'll fight this off with an attorney

 

[tranquility]

Good call. Give him all the facts including how important your schooling is to you. Good luck.

 

[Brs718]

Good call. Give him all the facts including how important your schooling is to you. Good luck.

Thanks man I appreciate all the help, heading to his office In a few.

 

[tranquility]

Because others may find themselves in similar situations, post back what he says. (In general, not to your specific facts.) It may help the next poor son of a gun who finds out the world can change because of one decision.

 

[HighwayMan]

In all honesty I've never committed any offenses I am 23 I take full responsibilities of the actions I take but this was a mistake I learned from...

So you did or you did not have marijuana in your possession? If you did then you most certainly committed an offense.

When a summons is issued for UPM the marijuana is vouchered by the police. I don't know of any summons cases where that alleged marijuana is sent to the lab for testing. You are paying an attorney for pointing out to the court that the substance you were in possession of was never tested and no one knows what it was. You could have easily done that yourself.

On second thought, I'm imagining you speaking in front of a judge (judicial hearing officer actually) in Bronx Criminal Court and it seems like the attorney is the right move.