First Time Possession, Question About Ticket Wording

What is the name of your state? New York

Here's the story i hope someone can help me!

I was recently pulled over on grounds near a lock-canel (Mohawk River). Myself and 2 friends were going to smoke marijuana. First off we didnt smoke anything yet and a cop pulls into the parking area of the lock. He comes up to us searches us as he see's my friend in the back seat has crumbles of weed on him. So neways there was a bowl in the car(not my car however) and so the cop searched it found the bowl. I owned up to it not only because it was mine but mostly because of my friend i mean it was his car if no one fessed up it would be pinned on him and thats not right in my book. So neways he gave me a ticket for "Unlawful Possession of Marijuana" actually he spelled it "Marihuana" But yet the officer knew i only had a bowl nothing else was mine. So should the ticket say possession of paraphernalia or does that go under the ticket for possession of marijuana? And how do you tell if it is a mistimeaner? It doesn't say it anywhere on the ticket. Please if anyone can help me in any way i just want to know what to expect in court and if the ticket is wrong in which case should i go to the station and ask them to change it? This is my first offense ever. Clean record

Any help would be greatly appreciated!!!

What is a "so neways"?

Anyway, he can charge you with possession if there was dope AND paraphernalia if there was something to use the dope.

What is the statute number written on your ticket?

i ment" so anyways" like so this is also what happened. Sorry.

I only had a pipe i had no marijuana. It was not mine and the kid who had the marijuana admitted that it was comepletly his. So would that still be possession of marijuana or would that be possession of paraphernalia?

What was written on the ticket is..
In violation of section 221.05 of the penal law of the state of new york.

Jcrew2247 said:

i ment" so anyways" like so this is also what happened. Sorry.

I only had a pipe i had no marijuana. It was not mine and the kid who had the marijuana admitted that it was comepletly his. So would that still be possession of marijuana or would that be possession of paraphernalia?

What was written on the ticket is..
In violation of section 221.05 of the penal law of the state of new york.

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Hmmmm....well, I wondered what language that was.

Yes, you could be charged with possession and paraphernalia since (according what you stated) the dope and the equipment was both there and y'all were together. It doesn't matter who says what belongs to who.




New York State Laws Regarding Alcohol Violations

Violation Penalty
Driving While Ability Impaired
(BAC .05 - .07) $250 fine, up to 15 days in prison
90-day license revocation
Driving While Intoxicated
BAC .08 or more $350 fine, up to one year in prison,
minimum six-month license revocation
Felony Driving While Intoxicated
(Second DWI conviction in 10 years) $500 fine, up to four years in prison, minimum
one-year license revocation
Furnishing Alcohol to persons under age 21 $500 fine, up to six months in prison
Possession of alcohol by persons under age 21 $50 fine per offense
Use of false ID for alcohol purchase $100 fine, possible felony conviction, license revocation
Underage consumption and operation of motor
Vehicle (“Zero Tolerance Law, BAC .02-.07) $125 fine, minimum six-month license suspension,
$100 fine when license returned


New York State Drug Laws – New York, like most other states, has very specific laws when it comes to drugs and drug paraphernalia. The seriousness of the offense and penalty imposed upon conviction depend upon the individual drug and the amount held or sold. The severity of the offense depends on the type and quantity of the illegal substance, as well as the holder’s intent (personal use, distribution or sale). Unlawful possession of marijuana (section 221.05 NYS Penal Law) is a violation, resulting in a fine of not more than $200 for the first offense. Additional violations result in larger fines and the imposition of misdemeanor criminal charges, which include the establishment of a permanent criminal record! Penalties are more stringent for other drugs.

SUBSTANCE ABUSE ASSESSMENT, EVALUATION & TREATMENT RESOURCES

Nazareth College Substance Abuse Services Carroll Hall, 1st floor (Counseling Services)
(585) 389-2887
Rochester Mental Health Center
Drug & Alcohol Services 490 E. Ridge Rd.
544-5220
Strong Memorial Behavioral Health
Alcohol and Addiction Treatment Program 300 Crittenden Blvd. (off Mt. Hope Avenue)
(585) 273-3930
Restart
55 Troup Street
(585) 546-3046
Genesee Addiction Treatment Center 220 Alexander Street (east wing 2)
922-7000
Conifer Park Counseling Services
1150 University Ave
442-8422
Park Ridge Chemical Dependency Clinic
(Unity Health) 1565 Long Pond Rd. Greece (585) 723-7723
or Brighton Office (585) 272-8330

Delphi Drug Abuse Center
1839 E. Ridge Rd.
(585) 467-2230
Westfall Associates
919 Westfall Rd. (Brighton) Bldg. C, Suite 120
(585) 473-1500
John L. Norris Alcoholism Treatment Center
1600 South Ave (585) 461-0410

Al-Anon (Family Information Service) (585) 288-0540
Alcoholics Anonymous (585) 232-6720
Narcotics Anonymous (585) 234-7889
Problem Gamblers Treatment Program (585) 423-9490


www.naz.edu/dept/hr/Drug_Free/NYStLaws-Alcohol-Viol.doc

So it is not a mistimeaner? It is a violation that can be turned into a mistimeaner if commited again?

Thanks again for all your help! I didn't think anyone would ever respond to me!

WOW......I have to stand back and read this one before I laugh to much to type. It would sound as though you really need to quit smoking that stuff Man.. Most States you can be cited for possession with just a testable amount. Most pipes or what ever the hell you use this week all have a testable amount in them. Ok, I am done enough said on this one. For what it's worth not advice Patrolman/J. Buckner

Jcrew2247 said:

So it is not a mistimeaner? It is a violation that can be turned into a mistimeaner if commited again?

Thanks again for all your help! I didn't think anyone would ever respond to me!

Click to expand...

What's a mistimeaner?

That's what I am talking about....LoL Smoke another Bowl Lol.... Patrolman/ J. Buckner

You people are so stupid. I went on this site to just frankly find some advice. Not tell me what or what i should not do. Laughing at a situation like this is pretty much sad. Telling me to go smoke another bowl is rediculious. I am simply trying to tell my story and find advice yet all i get is sarcasm and rude comments that were NOT needed. Rest asure there will be consequences to your comments VIA a letter to Jelsoft Enterprises Ltd. about this site and "Seniorjudge"'s that are supposed to be giving advice but only give rude comments about miss spelled words. Grow up people. I am younger than almost all of you and even i know to take things seriously sometimes even if they are not affecting you directly.

That is all for now.

Jcrew2247 said:

"Seniorjudge"'s that are supposed to be giving advice but only give rude comments about miss spelled words.

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Give me an example.

I gave you NO rude comments about anything.

Re-read my posts.

Either you Smoke Dope or you do not...Are you upset over your own statements? Try to lighten up a little. You can e-mail or write whom ever you want threatening people on here will get you no where. I did laugh at some of your own statements and that of others but actually no pun intended. I had stated that you can be cited in most States for any traceable amount and that it is easier to condence your story for easier reading. You said that you wrote this forum for Advice "not to be told what to do or not to do" I am sorry pal but you need to understand what you are writing. Advice is what?? If you don't like what you may hear, you may not want to write for questions to lifes battles. People on this forum are not going to act as though life has no ups and downs....Not only that we are enjoying life and will continue to do so. We tend to take life one story at a time. Senior judge has been around for many years seen and heard it all. As for me I have been in Law Enforcement for a minumum of 18 years so, I too have been around the block. So you my forum writing combative person need to chill out. Not for Advice For what It's Worth. Patrolman/J. Buckner

Ok buddie.there was no threat in anything i stated. I simply said that the company would like to know some things. My opinion only. This is childish and i am done.

GOOD ENOUGH. Patrolman/J. Buckner