Unlawful possession of marijuana In New York State. I was just charged with a UPM in NYS. I'M 22 right now. Where it gets tricky is when i was 17 i received a UPM. And when i was 18 i received a UPM and possession of stolen property. The case from when i was 17 was a ADC for a yr which i completed and the case from when i was 18 i received a 6 months ACD (with help from a lawyer) which i completed as well. I looked up the marijuana laws in NYS. And found ( for my situation)
25 g or less (first offense) civil citation $100
25 g or less (second offense) civil citation $200
25 g or less (3rd offense) misdemeanor 5 days(jail) and/or fine $250.
My question is will this be considered my 3rd offense? Or can i get away with saying this is my 1st offense since my last two cases were ACD?
Ive also read that
In misdemeanor cases the Government has a set period of time to "corroborate" the accusatory instrument. For a B misdemeanor, the Government has 60 days to get the lab report. If the Government fails to get the lab report in 60 days on a B misdemeanor, the case must be dismissed because the accusatory instrument was never "corroborated".
So the question you might be asking yourself now is "If they have 60 days to get the lab report for a B misdemeanor, how long do they have for a VIOLATION, since unlawful possession of marihuana is just a VIOLATION?"
And THAT is an excellent question. And here is the answer:
ZERO DAYS.
Is this ture for orange county NY?
Thanks in advance!!
25 g or less (first offense) civil citation $100
25 g or less (second offense) civil citation $200
25 g or less (3rd offense) misdemeanor 5 days(jail) and/or fine $250.
My question is will this be considered my 3rd offense? Or can i get away with saying this is my 1st offense since my last two cases were ACD?
Ive also read that
In misdemeanor cases the Government has a set period of time to "corroborate" the accusatory instrument. For a B misdemeanor, the Government has 60 days to get the lab report. If the Government fails to get the lab report in 60 days on a B misdemeanor, the case must be dismissed because the accusatory instrument was never "corroborated".
So the question you might be asking yourself now is "If they have 60 days to get the lab report for a B misdemeanor, how long do they have for a VIOLATION, since unlawful possession of marihuana is just a VIOLATION?"
And THAT is an excellent question. And here is the answer:
ZERO DAYS.
Is this ture for orange county NY?
Thanks in advance!!