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Marijuana charge (NY) any help is nice

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zafar

Junior Member
Im 18 and got a ticket for criminal possession of marijuana in NY for about half a blunt which is less than a gram i got a court date and pleaded not guilty but they said i need an attorney or family member to come to my arraignment in a month id rather just end it and plead guilty. Can i just go in to my arraignment plead guilty and get it over with? thank you in advance
 


You Are Guilty

Senior Member
That doesn't make sense. Were you 18 at the time of the first court appearance?

(And what is the specific statute number you were charged with?)
 

zafar

Junior Member
yes i was 18 at the time of my court date and i was charged with criminal possession of marijuana in the 5th degree. Which part doesnt make sense and ill see if i can reword it for you or maybe i said something wrong.
 

You Are Guilty

Senior Member
Because if you are 18 or over, you do NOT need a family member or lawyer to appear with you.

That said, here's the charge:
NY Penal Law §221.10 said:
Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B
misdemeanor.
Was the joint lit when they stopped you? Were you a dick to the cops? Normally, for such a small amount, you would get charged with 221.05, which is like a parking ticket. In comparison, you were charged with a misdemeanor.

In any event, you do not want to plead guilty to this - it will give you a permanent criminal record. Not worth it over something so trivial. I would recommend a lawyer - either hiring one or, if you qualify, asking the court for a public defender at your next appearance. They should be able to plea this down to a non-criminal charge, or at least an ACD, for you.

Good luck.
 

zafar

Junior Member
thanks for all the help man yea the cops were dicks it was half a blunt not even lit but i have one more question. if i want to continue my not guilty plea can i still go to my next arraignment without an attorney? I dont have the money to get one and pay a fine later.thanks for the help
 

dave33

Senior Member
It sounds like the arraignment process has been concluded. I believe the next date will be a pre-trial. Also, it sounds like the judge wants you to have an attorney. Show up and explain that you cannot afford a lawyer and request a p.d.goodluck.
 

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