New York marijuana "B Misdemeanor, 1 count, Arrest charge, Arraignment charge

[maxine22]

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

My sister was arrested but released 30 minutes later once the police saw that she had nothing on her. they didn't fingerprint her, take her picture nothing.

She was standing with a group of so called friends who were smoking. The scent of the weed remained on her clothes. So the cops thought she was in possession.

However, because she took the word of the police that everything was "fine" she didn't think about the arrest again and just erased it from her mind. It wasn't until she went to apply for a job that she found out she had a warrant for her arrest.

She is now worried out of her mind her court date is next month and she is afraid she will go to jail or have to pay a fine for something she didn't do or have.

What typically happens in these situations, will she be arrested, have to pay a fine. Can she have this charge removed from her record expunged or certificate of disposition? someone please HELP. Thank you.

 

[FlyingRon]

She definitely does need a lawyer. I doubt you are getting the full story. They do not charge you with CPM just because you smell of weed.
She was in a situation in public where she had constructive possession of the drug. The specific charge she has is bad news. Most likely she won't see jail,
but making it go away is going to be long and invalid. Best bet other than being found innocent is getting it reduced to UPM and/or getting and ACD.

 

[HighwayMan]

I agree with Ron - there's more to this story than your sister is telling. She wouldn't just be released from police custody after being ARRESTED without an appearance ticket at least.

 

[maxine22]

thank you both for replying. She went to court *without an attorney* and was told to stay out of trouble for 1 year and the charges will be dismissed as if it never happened.

 

[You Are Guilty]

That's called an "ACD" or Adjournment in Contemplation of Dismissal, and they only give those out to people who were actually charged with something.

That said, if she keeps her nose clean for a year, the charge will "drop off" as if it never happened. On the other hand, if she gets arrested or another ticket for something, the original charge is "reactivated" and she has to face the consequences for both the old and the new offenses.

 

[maxine22]

That's called an "ACD" or Adjournment in Contemplation of Dismissal, and they only give those out to people who were actually charged with something.

That said, if she keeps her nose clean for a year, the charge will "drop off" as if it never happened. On the other hand, if she gets arrested or another ticket for something, the original charge is "reactivated" and she has to face the consequences for both the old and the new offenses.

you know what I don't understand is that this happened 2 years ago and she has been finger printed at least 3 times for jobs. It wasn't until she went to apply for a job at JFK that she found out she had a bench warrant Why on earth would they not come and arrest her or send notification they had her home address the school she attends everything! I wonder if the powers that be were just waiting or hoping that she would get in trouble before they let her know about a 2 year old warrant. I just thank God that everything worked out.

 

[HighwayMan]

Why on earth would they not come and arrest her...

In the movies maybe, but no one is coming to look for you if you have a misdemeanor warrant.

...or send notification...

It doesn't work that way either. One is supposed to know that when one doesn't show up in court a bench warrant is issued.

I wonder if the powers that be were just waiting or hoping that she would get in trouble before they let her know about a 2 year old warrant.

That makes no sense. A warrant is an order to bring the wanted person before a judge. That's what happened to your sister anyway.

As we said earlier - you apparently do not know the whole story here. There is more to this than your sister is telling you.