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cpm 5th degree new york state

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Nate5393

Junior Member
i recieved a 5th degree cpm the the other day while smoking weed in a car on a dead end. we started to drive away when we saw a cop coming down the road, and he turned around and pulled us over. from there, he took the drivers license and registration, and than made me open the back door of the car to search for "spry paint" and said he smelled the weed. we had put it in the trunk and he found 2 bongs, a grinder and no more than two grams of weed. i was never read my rights, and he never gave reason for pulling us over. is there any chance i could get out of it due to illegally obtained evidence?
 


Antigone*

Senior Member
i recieved a 5th degree cpm the the other day while smoking weed in a car on a dead end. we started to drive away when we saw a cop coming down the road, and he turned around and pulled us over. from there, he took the drivers license and registration, and than made me open the back door of the car to search for "spry paint" and said he smelled the weed. we had put it in the trunk and he found 2 bongs, a grinder and no more than two grams of weed. i was never read my rights, and he never gave reason for pulling us over. is there any chance i could get out of it due to illegally obtained evidence?
Not likely:cool:

Also, the officer is not required to read you your rights upon arrest. You've been watching too much Cops.:cool:
 

dave33

Senior Member
You do not yet know what you are up against. You need to get a copy of the police report and go over the report with an attorney and then decide if what you want is a viable option. goodluck.
 

You Are Guilty

Senior Member
If he saw you with the lit joint, you have a problem.
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.
If it was all just in the trunk, then you should have been written up for UPM, 221.05, which is a "violation" (not a crime).

Either way, neither is going to net you any jail time. If this is your first offense/your record is clean, ask for an ACD (adjournment in contemplation of dismissal). Very good chance you'll get it.

If you have a history of weed citations, then expect to get hit with a nice fine + court costs + state surcharge as your punishment.
 

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