Pl 221.10.01 PLEASE HELP

[helpme86]

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

A friend and I were in the car, packing a bowl, when the Narcotics came up and asked what we were doing, they asked if we were smoking pot, and we were honest (the bowl was in her lap). We did NOT smoke yet, I dont know if that matters for anything, but since they knew why we were there obviously they searched our bags. I didn't personally have any marijuana on my, my friend did, maybe like 2-3 grams. The one guy wanted to let us go, but his partner wanted to give us a DAT. So we were taken to the precinct, finger printed, took mug shots, the whole nine. We were there for about three hours, and they gave us a court date. They made it seem like it probably wouldn't end up being such a big deal for us because we never were arrested previously. We aren't your typical criminals (if there is such a thing). We work, go to school and stay out of trouble, don't bother anyone. My questions are this...
What is going to happen at court? Will we be appointed a public defender?
What could possibly be the outcome. Our biggest concerns are our records due to the fact that we are both in school *I get financial aid* and we are both going in to Healthcare related fields *working in Hospitals*. Is this going to potentially affect our careers for the rest of our lives? Is there any way to get the criminal dropped to unlawful *where I hear it is just a violation*? Or any other situations where we can basically act like this never happened, and it would affect our careers or education?
Please provide some help. I would love for all this to just be a bad learning experience and to move on from it. What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[majortom991]

I came on this forum looking for answers to the same question. =(

 

[Banned_Princess]

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

. My questions are this...


What is going to happen at court?

You will be asked if you have a lawyer, if you can afford one, and get another court date if you want to retain your own.

Will we be appointed a public defender?

Depending on your jobs and your income. you should ask if you are eligible right off.

What could possibly be the outcome.

Fine and fee's. If your lucky you might be convicted of some non discript violation, or you'll have a sealed record of marijuana possession.

Our biggest concerns are our records due to the fact that we are both in school *I get financial aid* and we are both going in to Healthcare related fields *working in Hospitals*. Is this going to potentially affect our careers for the rest of our lives?

Probably not, but I'm not in the health care field. I suppose you should work hard at getting convicted of that non descript disturbing the peace or something.

Is there any way to get the criminal dropped to unlawful *where I hear it is just a violation*?

Absolutely, its probably very likely.

Or any other situations where we can basically act like this never happened, and it would affect our careers or education?

If you want...

Please provide some help. I would love for all this to just be a bad learning experience and to move on from it.

Thats why the officer arrested you guys. you weren't even required to post bail.

 

[ElvinMelvin]

We did NOT smoke yet, I dont know if that matters for anything,

It could make a great deal of difference. For the statute that you cited, the marijuana must be either burning or "open to public view." You claim that the pot was not burning, so the officer will have to argue that it was open to pubic view. In NY, the case law is quirky as to what does and does not constitute open to public view. An experienced lawyer might be able to challenge that charge. He might also be able to get the DA to deal it down to simple possession which would amount to a $100 infraction.

If they can make the misdemeanor stick, you are looking at up to 3 months in jail and up to $500 in fine.

However, if this is really your first offense, you may be eligible for ACOD (Adjournment in Contemplation of Dismissal) under CPL 170.56 which would basically mean that if you keep your nose clean for a year the charges will be dropped.

 

[Zigner]

It was visible from outside the vehicle. That pretty much clinches the whole "public view" thing

It could make a great deal of difference. For the statute that you cited, the marijuana must be either burning or "open to public view." You claim that the pot was not burning, so the officer will have to argue that it was open to pubic view. In NY, the case law is quirky as to what does and does not constitute open to public view. An experienced lawyer might be able to challenge that charge. He might also be able to get the DA to deal it down to simple possession which would amount to a $100 infraction.

If they can make the misdemeanor stick, you are looking at up to 3 months in jail and up to $500 in fine.

However, if this is really your first offense, you may be eligible for ACOD (Adjournment in Contemplation of Dismissal) under CPL 170.56 which would basically mean that if you keep your nose clean for a year the charges will be dropped.

 

[Shadowbunny]

Fine and fee's. If your lucky you might be convicted of some non discript violation, or you'll have a sealed record of marijuana possession. .

BP, I'm curious. Why would their records be sealed? OP said they were in school, but also said she had financial aid. So that would seem to indicate college age, so not likely a juvenile matter.

 

[Banned_Princess]

BP, I'm curious. Why would their records be sealed? OP said they were in school, but also said she had financial aid. So that would seem to indicate college age, so not likely a juvenile matter.

Ok, let me clearify that, because I forgot to mention, for the conviction to become sealed, you would need to have completed an ACOD.

Quite a big portion of the post I missed. Sorry.

 

[Banned_Princess]

BP, I'm curious. Why would their records be sealed? OP said they were in school, but also said she had financial aid. So that would seem to indicate college age, so not likely a juvenile matter.

Ok, let me clarify that, because I forgot to mention, for the conviction to become sealed, you would need to have completed an ACOD.

Quite a big portion of the post I missed. Sorry.

And the ACOD is pretty standard, so the chances of that is excellent despite everything else ElvinMelvin said, that was just alitlle less relevant.

 

[HighwayMan]

Ok, let me clarify that, because I forgot to mention, for the conviction to become sealed, you would need to have completed an ACOD.

Then there is no conviction to seal. An ACD is NOT a conviction - it is a dismissal if all goes according to the defendant's plan.

 

[Banned_Princess]

Then there is no conviction to seal. An ACD is NOT a conviction - it is a dismissal if all goes according to the defendant's plan.

Yes well dismissed or not, if a defendant gets a copy of his own record, it will show there as sealed. ACOD compleate.

 

[HighwayMan]

It was visible from outside the vehicle. That pretty much clinches the whole "public view" thing

Not really. I'm not up on the latest case law on this, but apparently there are issues here. When I went through the police academy we were told that would be public view and to charge the CPM. Apparently later graduates were told the opposite and to charge UPM.

Something obviously changed in 10 years time.

 

[HighwayMan]

Yes well dismissed or not, if a defendant gets a copy of his own record, it will show there as sealed. ACOD compleate.

There is nothing to seal. The charge gets dismissed as if the defendant was found not guilty after trial.

 

[Banned_Princess]

There is nothing to seal. The charge gets dismissed as if the defendant was found not guilty after trial.

Whatever.

The arrest doesnt just go away, the record doesnt just go away, like it never happened.

But go ahead and continue to think it does.

I get the dismissal part, thats where the sealed record comes in, but its still a record none the less.

 

[HighwayMan]

Ok, let me clarify that, because I forgot to mention, for the conviction to become sealed...

As you can see, you said CONVICTION, not arrest.

The conviction cannot be sealed since there is none.

 

[You Are Guilty]

Not really. I'm not up on the latest case law on this, but apparently there are issues here. When I went through the police academy we were told that would be public view and to charge the CPM. Apparently later graduates were told the opposite and to charge UPM.

Something obviously changed in 10 years time.

I believe it is not a change in the legal interpretation of Public View, but rather a policy decision not to clog the courts with a (relatively) minor weed offense when a UPM cite will have the same effect.

As you can see, you said CONVICTION, not arrest.
The conviction cannot be sealed since there is none.

HWM is 100% correct. A successful ACD means that your record is "wiped clean" so to speak, not sealed. A criminal history check will not show any convictions after an ACD. (However, as I understand it, the Feds will still be able to see the arrest occurred).