Unlawful possession of marijuana

[selbstmordkind]

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

Hello, i was recently pulled over for crossing the double yellow and subsequently pulled over, where I was asked if i had anything illegal, and quickly handed over a very small amount of marijuana. I was in trouble for the same offense a few times in the past, but it was over 4yrs ago, and was each time dropped to disorderly conduct, a violation. I just wanted to make sure that the courts dropping this charge to disorderly conduct would not make this an additional offense and possibly make me guilty of a misdemeanor... I wanted to hopefully pay a fine, and put this mistake behind me....anything to put me at ease would be highly appreciated...thanks all

 

[Banned_Princess]

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

Hello, i was recently pulled over for crossing the double yellow and subsequently pulled over, where I was asked if i had anything illegal, and quickly handed over a very small amount of marijuana.

WHAT? why would you even do that? !!! OMG.

I was in trouble for the same offense a few times in the past, but it was over 4yrs ago, and was each time dropped to disorderly conduct, a violation.

Then those matters are closed. You can check it out, by requesting your history at the court clerk.

I just wanted to make sure that the courts dropping this charge to disorderly conduct would not make this an additional offense and possibly make me guilty of a misdemeanor...

Probably not. I seriously doubt they will even glance at your history of acting disorderly.

Do yourself a favor, and use a lawyer, be that private, or public. Get Smart. Get a lawyer, and don't just pass the weed when cops ask for it.

I wanted to hopefully pay a fine, and put this mistake behind me....anything to put me at ease would be highly appreciated...thanks all

You might get another disorderly conduct ACOD. Maybe a fine that varies from little to lots.

Lawyer, they get the best results. and you have a right to one, even if you cant afford it.

 

[selbstmordkind]

i had smoked some marijuana just earlier, and the smell was very apparent...i felt lying was not going to help my cause at all in this matter

 

[Banned_Princess]

i had smoked some marijuana just earlier, and the smell was very apparent...i felt lying was not going to help my cause at all in this matter

lol, then you should have been more careful in driving.

Maybe invest in a cologne or perfume, or car freshener.


Ok, well, whatever. your not going to jail, and if you have to agree to a misdemeanor, It wont kill you. Depending on the amount of weed you turned over, the disorderly conduct sounds more likely.

 

[selbstmordkind]

i'm not concerned with going to jail as much as i was concerned about my past infractions leaving a nice blemish in my record...so because these were downgraded to disorderly conducts they should not effect the outcome of this? so would this be treated as a first offense with that minimal $100 fine, or are they legally able to charge me with whatever they please due to my past charges, which as i mentioned before, happened years ago...

 

[Banned_Princess]

i'm not concerned with going to jail as much as i was concerned about my past infractions leaving a nice blemish in my record...so because these were downgraded to disorderly conducts they should not effect the outcome of this? so would this be treated as a first offense with that minimal $100 fine, or are they legally able to charge me with whatever they please due to my past charges, which as i mentioned before, happened years ago...

Your past convictions are closed.

basically treating this as a first offense.

they can charge you whatever they want.

Get a lawyer, and shoot for an ACOD.

 

[selbstmordkind]

thanks all, im slightly more at ease...so if they do decide to treat it as a more serious charge i can get public defense attorney? because im sure the little money in my savings wll be just enough to only cover fees and surcharges

 

[Banned_Princess]

thanks all, im slightly more at ease...so if they do decide to treat it as a more serious charge i can get public defense attorney? because im sure the little money in my savings wll be just enough to only cover fees and surcharges

You can ask for a public defender (legal aid) at your first appearance, you don't need to wait at all.

Probably be more cost effective to request one from the judge, and handle it the first day, instead of having to take more time from work, to go a few times.

(If the judge finds you make too much money, then you will have to come back.)

Plus you can ask for time to pay the fines, and surcharges.

 

[You Are Guilty]

If you were in fact written up for UPM (221.05) and not one of the other weed statutes, and your last offense was more than 3 years ago, it is a $100 fine (+$55 state surcharge, I believe), and specifically not a "crime" that would show up on a background check - it's a violation, like a parking ticket.

Here's the statute:

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.

 

[Banned_Princess]

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