Unlawful Possession of Marijuana

[cbutwell]

I recently received a UPM charge. What is the likeliness the District Attorney will dismiss the case? I am Delayed Entry Program in the US Navy and without having this case dismissed I will not be able to enter at my scheduled time (2 monthes).

If the likeliness is low, what are my options?

Im in New York State.

 

[You Are Guilty]

I recently received a UPM charge. What is the likeliness the District Attorney will dismiss the case?

How the heck would we know - you're the one who was there. What happened?

I am Delayed Entry Program in the US Navy and without having this case dismissed I will not be able to enter at my scheduled time (2 monthes).
If the likeliness is low, what are my options?

If this is your first offense, an ACD is likely in your future. What county was this in?

 

[cbutwell]

Reply

I am in Ulster County.

 

[cbutwell]

What Happen

I was in the car with my friend. A cop pulled us over because my friends car had a light out. The cop smelled the weed in the car and asked us to step out. We were not drug tested.

 

[You Are Guilty]

If the officer did not find MJ in your "possession", then a dismissal is entirely possible, but you'll probably have to push for one. I suspect that you will be offered the ACD if/when you plead not guilty.

And if the officer did find MJ, then the odds of a dismissal are pretty slim.

 

[cbutwell]

Navy

The police did find the marijuana in the car.

Even with the information about the Navy, you still think my chances are slim? Doesn't an ACD mean that after a certain period of time the case is dismissed anyway? Why can't I speed up the process??

Its a matter of my career and life. It was an accident and a misunderstanding.

 

[dave33]

The police did find the marijuana in the car.

Even with the information about the Navy, you still think my chances are slim? Doesn't an ACD mean that after a certain period of time the case is dismissed anyway? Why can't I speed up the process??

Its a matter of my career and life. It was an accident and a misunderstanding.

The navy is not a legal defense or even an excuse.

You cannot speed up the process because you will have to jump through some hoops and that takes time.

Everytime anyone gets arrested it's a matter of life and career. The state does not care.

goodluck.

 

[You Are Guilty]

If the MJ was in the car within your reach (even if not technically "on" you), then you were in constructive possession. About the only way around it is if your buddy fesses up and admits it was his and that you had no idea he had it.

Barring that, ACD is probably your best hope. If, after 6 months, you don't get into any more scrapes with the law, the original ticket will be dismissed. You can try asking the judge for a 30 day ACD due to the Navy concerns, but that's pretty rare for even an NYC judge to do (who sees dozens of these tickets each day), much less one from upstate.

 

[Zigner]

The navy is not a legal defense or even an excuse.

You cannot speed up the process because you will have to jump through some hoops and that takes time.

Everytime anyone gets arrested it's a matter of life and career. The state does not care.

goodluck.

You forgot...

An accident? :rolleyes:

 

[HighwayMan]

I was in the car with my friend. A cop pulled us over because my friends car had a light out. The cop smelled the weed in the car and asked us to step out. We were not drug tested.

I guess you don't know your "friend" very well. Sounds like you hang out with the wrong people, especially if your career and future are on the line.

Is this being handled in a town or village court? If so which one?

 

[cyjeff]

Was your friend charged as well?

Where was the pot found? If it was under your seat, you have a problem.

An accident? Does that mean you would pass a drug test?