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recent arrest Marijuana

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gotenough

Junior Member
What is the name of your state? New York...Suffolk county

Hi

I was just busted for marijuana possession this past week. I'm male/white 40's with family. They don't know( i intend to keep it that way)
I was charged with simple possession. I believe it was 221.05 a violation.
I had just picked my stuff up and was apprehended.
I have not hired an attorney yet, but plan to do so shortly. My court date is end of March.
I had a previous arrest for possession back in 93. I plead to disorderly conduct.
What am I looking at as far as with the court proceedings...fine, or other options?
Also, how much would an attorney cost for this?
Will this show up during pre employment screenings? I work in the Banking industry...My previous (93) arrest did not show up. According to my attorney because it was a violation. I'm hoping it's the same now.

Thanks for any help you can give me.
 


Happy Trails

Senior Member
What is the name of your state? New York...Suffolk county

Hi

I was just busted for marijuana possession this past week. I'm male/white 40's with family. They don't know( i intend to keep it that way)
I was charged with simple possession. I believe it was 221.05 a violation.
I had just picked my stuff up and was apprehended.
I have not hired an attorney yet, but plan to do so shortly. My court date is end of March.
I had a previous arrest for possession back in 93. I plead to disorderly conduct.
What am I looking at as far as with the court proceedings...fine, or other options?
Also, how much would an attorney cost for this?
Will this show up during pre employment screenings? I work in the Banking industry...My previous (93) arrest did not show up. According to my attorney because it was a violation. I'm hoping it's the same now.


Thanks for any help you can give me.
Not sure if you read the penal statute, but here it is.

§ 221.05 Unlawful possession of marihuana.

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.
 

gotenough

Junior Member
thanks I read it but was a little confused as to how that applied to 93 arrest and again, extremely concerned about whether or not it will show up on pre employment screenings.
My lawyer on the 93 charge has told me that it wouldn't and he was correct. That was 15 years ago. I'm wondering if things have changed since then.
Are my chances good that it will be dismissed?
 

Happy Trails

Senior Member
However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable
1993 is longer than 3 years ago.

If you were arrested, it is possibly that a pre-employment screening could discover that.

You will have to call around and find out what the attorney fees will be. (It will vary.)

gotenough said:
Are my chances good that it will be dismissed?
No one can say what the outcome will be. I would suggest you find where the court house publishes court outcomes and see what people are getting for a similar offense.
 
make sure to be employed

When you go to court, make sure you are presently employed. Thats the first thing a good lawyer will tell you.
 

garrula lingua

Senior Member
The 1993 offense didn't show up because the Prosecutor changed the charge to 'disorderly conduct' (eg- loud music).
Prosecutors often do that to assist one-time offenders.

Hire the atty you had in 1993.

Your best result is to get the charge changed to a non-drug offense, as the banking industry is notoriously picky about drug or theft charges, however minor.
 

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