• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unlawful Marijuana Possession Penal 221.05

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

skumbag66

Guest
What is the name of your state? New York

My 16 year old girlfriend recently went to court in Wilton, NY for an unlawful possession of marijuana ticket, which is penal 221.05. In New York state such a ticket is considered a violation and the maximum penelty for your first offense is a ticket for no more then $100.00. When she went to court however, she was given a 100 dollar ticket, with a 65 dollar service charge, and was also given 25 hours of community service. Im no lawyer but I dont think that this is legal and if there are any lawyers out there that may want to consult me on this it would be greatly appreciated. Thank you.
 


JETX

Senior Member
What did her attorney say as to the punishment exceeding the state allowed?

And how old are you??

New York Consolidated Laws:
§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."
 
S

skumbag66

Guest
Well Im 18, and she didnt bring an attorney, what happend was her and I were in my car when I got pulled over for running a yellow light. Anyway at court both of us appeared, both with possession tickets, and I also had the ticket for the light, I was given $165 in fines and she was told she had to come back with a parent. She thinks her mom may have called the judge and told him to give her a more strict punishment, but regardless of what her mom says, the maximium penelty for violation of penal code 221.05, is a $100 fine. I also dont know if her moms presence is required, even though she is 16.
 

JETX

Senior Member
As a minor, one of her parents MUST appear (unless she has been legally emancipated).

The $65 court costs assessed are in ADDITION to any allowed fine.
Also, as a minor, she may be subject to additional penalties (like community service) in addition to the allowed penalties.

My suggestion.... the court and prosecutor obviously know a lot more about what sentencing is available than you do. So, if you feel like challenging them.... get an attorney.
 
S

skumbag66

Guest
I dont believe she is considered a minor. According to everything I have read about this law, people under the age of 16 are considered minors. If anybody knows a site that would have information like this, I would appreciate it.
 
S

skumbag66

Guest
reply

The law itself states that the maximum penelty for such a violation is to be a fine not exceeding the amount of $100. According to the law, thats the maximum penelty, community service exceeds the maximum penelty.

* Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.

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.
 

AmosMoses

Member
Again,

How did YOU first become aware of this? What triggered you into asking this question? Did you look into the law ahead of time, and know what to expect, and if so did you tell her ahead of the sentencing? I mean, I realize that being in court can be scary and disarming, especially to a 16 year old, but I was wondering if she knew going in what the worst case scenario was, and if so if she mentioned this at all to the judge. I wouldn't blame her if she didn't, but I thought she may have stated something like "I thought that I could only be fined $100.00" or something similar after she was hit with the community service. I am merely curious as to if the judge elaborated in any way as to why he was doing this, or if it was simply an oversight. Did she have ANY sort of prior offense, or any other offense along with the violation of penal code 221.05 that was dropped? I am very curious as to if the judge realized what he was doing, and if so, why? (Which is also your question, I know)
 
S

skumbag66

Guest
I did look into the law prior to court, and knew exactly what to expect. Upon recieving her sentence, she didnt say anything to the judge, although she should have. She knows that her mother called the court and asked the judge to give her the maximum penelty and apparently a little more. Even though her mother called though, thats still no reason, or a legal reason, for her to recieve a sentece that exceeds the maximum. And this is her first encounter with the law, she has absolutly nothing prior to this incident.
 

AmosMoses

Member
That does sound strange. I simply don't know if judges have leeway to sentence someone beyond what is provided for by statute for any certain crimes. It doesn't seem so, cuz where would you draw the line, you know? I can't really say I blame her for not speaking up at the time, though.

I would think that it has to have something to do with her being a minor, and her mother's contact/consent with the judge. Even if it's technically illegal, not many judges would refuse a parent's request to stiffen up a sentence with some community service, probably.
 
S

skumbag66

Guest
What can I do to try to rectify this? Where would I go or who would I talk to?
 

Needanswers16

Junior Member
I have the same charges and a similar story as yours. I was driving with my boyfriend and I got a ticket for the same thing. Did your girlfriend or to court or have a record? I am freaking out
 

HighwayMan

Super Secret Senior Member
This thread is almost 10 years old. Why would you think the poster is still around? If you have a question start your OWN thread.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top