Upm in nyc, 1st offense ever! Help please! Have questions

I got a UPM in NYC, kind of confused and worried and looking for advice/help

Hi,

So I actually got a UPM in Queens last month. I had a pipe and a very very tiny amount of marijuana on me, and the cop pulled me over and removed the pot from the pipe but returned the pipe back to me and told me "as far as I know, this wasn't here."

I have to go to NYC court for the UPM charge, and kind of am hoping for some advice as to what to expect in court. I am aware of an ACD, how do I go about getting one? Do I need to have some type of legal counsel, i.e. a lawyer, to do so for me and to represent me? Is the ACD automatically given to me? I HAVE NEVER DONE ANYTHING WRONG, COMPLETELY CLEAN RECORD AND ALL!

phiscobisco said:

I had a pipe and a very very tiny amount of marijuana on me, and the cop pulled me over and removed the pot from the pipe but returned the pipe back to me and told me "as far as I know, this wasn't here."

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Time to send that officer a nice Xmas gift - he did you a big favor.

phiscobisco said:

I am aware of an ACD, how do I go about getting one?

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"Good morning Your Honor. In light of the fact that this is my first offense and I have certainly learned my lesson, I respectfully ask for an ACD". (Just one idea).

phiscobisco said:

Do I need to have some type of legal counsel, i.e. a lawyer, to do so for me and to represent me?

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"Need"? No - see above. But if you are independently wealthy or just really want to contribute to a lawyer's New BMW Fund, then by all means retain one.

phiscobisco said:

Is the ACD automatically given to me?

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Believe it or not, sometimes yes. But even if not offered, still ask.

phiscobisco said:

I HAVE NEVER DONE ANYTHING WRONG, COMPLETELY CLEAN RECORD AND ALL!

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Yeah, well up until that whole "got caught with an illegal drug" part at least.

Good luck.

So I will be going to court on my court date on my own and going to ask the judge, could you please provide me with an ACD? It was a lapse in judgment, I have learned my lesson and it was a mistake. I will not repeat this again.

And then just ask for ACD and he gives it and thats it? Any idea of court costs and fees for this?

And am I saying that I am guilty--- like when I get there and they bring up my case, do I say I am going to plea, guilty or not guilty? If i ask for an ACD, am I going to be pleaing to one or the other? I would assume its guilty.

Thanks!

phiscobisco said:

So I will be going to court on my court date on my own and going to ask the judge, could you please provide me with an ACD? It was a lapse in judgment, I have learned my lesson and it was a mistake. I will not repeat this again.

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Sounds like a plan. Dress nice (clean shirt, dockers, tie, shoes) and you will stand out (in a good way). It helps to impress the judge that you really did learn your lesson when you come to court dressed well. Many (most?) of the other people there tend to look, uh, homeless.

phiscobisco said:

And then just ask for ACD and he gives it and thats it? Any idea of court costs and fees for this?

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You may speak to an ADA first, but whoever you do speak to, the either offer, or you ask. There might be a $55 court fee for all this, but I'm not sure if its waived for ACDs. If it is, it should be "free".

phiscobisco said:

And am I saying that I am guilty--- like when I get there and they bring up my case, do I say I am going to plea, guilty or not guilty? If i ask for an ACD, am I going to be pleaing to one or the other? I would assume its guilty.

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Nonononono! Repeat after me: "Not guilty, Your Honor". (If you plead guilty, you get the full fine + court costs and zero chance for an ACD). And this is assuming you even get to plead. A lot of these types of violations will be worked out before that stage.

Since you were summonsed then the chances that the substance was sent to the lab for testing is just about zero. Oh, it was vouchered and is in evidence at the borough property clerk, but I would almost bet a month's pay that it was never sent out - that's just not done with UPM cases unless there is something else involved.

I have seen case after case dismissed under the same circumstances - you may want to request to see the lab report - if it doesn't exist make a motion to dismiss.

HighwayMan said:

Since you were summonsed then the chances that the substance was sent to the lab for testing is just about zero. Oh, it was vouchered and is in evidence at the borough property clerk, but I would almost bet a month's pay that it was never sent out - that's just not done with UPM cases unless there is something else involved.

I have seen case after case dismissed under the same circumstances - you may want to request to see the lab report - if it doesn't exist make a motion to dismiss.

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I am going through the same thing right now and wanted to know if phiscobisco could let me know how things turned out?

Also...could u request see a lab report before pleading guilty or not?

Please start your own thread.

Thanks.

mriivera23 said:

I am going through the same thing right now and wanted to know if phiscobisco could let me know how things turned out?

Also...could u request see a lab report before pleading guilty or not?

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