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NYC UPM Charge

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damnimessedup

Junior Member
I got a ticket in nyc for upm 221-05 ( i live in another state). This is my first run in with the law ( never had a parking ticket or anything). I'm over 18. They gave me one of those pink tickets and the fine is for $25 with the court date in november. It was a stupid mistake and I'm completely responsible, no excuses. So I would like some advice on what I should do. some questions:

1) I'm a college student with a job so would that be affected in any way? I know that it might but again idk about nyc laws.

2) will i be able to get this removed from my record and if so how?? getting a job out of college with a drug charge is near impossible.

3) Will mail be coming to my home from attorneys and what not? My parents finding out would be the end of this so I would like to avoid that. Is it possible I can call the number on the ticket and have them change my address to somewhere else? I have a apartment near school so would that work if I just call and say I don't live at my listed address and i never updated my ID?

4) anything else I should know or that is recommended?

Thanks in advance for reading. Any and all legal advice is useful to me!
 


quincy

Senior Member
I got a ticket in nyc for upm 221-05 ( i live in another state). This is my first run in with the law ( never had a parking ticket or anything). I'm over 18. They gave me one of those pink tickets and the fine is for $25 with the court date in november. It was a stupid mistake and I'm completely responsible, no excuses. So I would like some advice on what I should do. some questions:

1) I'm a college student with a job so would that be affected in any way? I know that it might but again idk about nyc laws.

2) will i be able to get this removed from my record and if so how?? getting a job out of college with a drug charge is near impossible.

3) Will mail be coming to my home from attorneys and what not? My parents finding out would be the end of this so I would like to avoid that. Is it possible I can call the number on the ticket and have them change my address to somewhere else? I have a apartment near school so would that work if I just call and say I don't live at my listed address and i never updated my ID?

4) anything else I should know or that is recommended?

Thanks in advance for reading. Any and all legal advice is useful to me!
Here is a link to the possession of marijuana violation: http://ypdcrime.com/penal.law/article221.htm#p.221.05

Whether the marijuana charge will affect your employment depends on your employer/type of employment. A single marijuana violation often is not considered a big deal.

I can't tell you whether you will get attorneys sending letters to your home address. For a ticket like the one you received, I think it doubtful.

You can give the court your local address but mail could still be sent to your permanent (home) address.

Your college might offer legal help for students charged with alcohol and drug offenses. You might want to check this out.

Good luck.
 

quincy

Senior Member
Yes I do receive fed fin aid
Although a UPM in New York City is a violation and not a misdemeanor, possession of marijuana is still a federal crime and, therefore, it can affect your federal financial aid. If this is your first offense, you may be ineligible for this student aid for a year.

You would be smart to see a lawyer. Again, you might find legal help through your school or you could find attorneys with offices near your school who offer students payment plans or discounted services for marijuana offenses.
 

HighwayMan

Super Secret Senior Member
...will i be able to get this removed from my record and if so how??
No. The only way is to not have it there to begin with.

You can fight it in court - there is no way the MJ was sent to the lab for testing - it just doesn't happen for small quantities for which a summons is issued. Without a supporting lab test there is no proof that it was MJ.

I suggest getting an attorney who regularly deals with criminal cases in whatever borough this is - specifically an attorney that handles criminal summons cases. You certainly don't need a high-end criminal defense attorney.
 

quincy

Senior Member
You might also start looking for merit-based scholarships and other income supplements to replace the federal aid that may now be denied you.

Good luck.
 

HighwayMan

Super Secret Senior Member
You might also start looking for merit-based scholarships and other income supplements to replace the federal aid that may now be denied you.
It's difficult seeing a conviction coming out of this, but I suppose it can't hurt.
 

quincy

Senior Member
It's difficult seeing a conviction coming out of this, but I suppose it can't hurt.
States are aware of what even a minor drug conviction can do to a young person's future. The effects are far-reaching. That is why in many states, or communities in many states, drug first offenses are charged as something other than a drug crime (like disorderly conduct) or are reduced to something other than a drug crime or are discharged and dismissed through diversion programs.
 

HighwayMan

Super Secret Senior Member
I have seen many of these cases in the SAP (Summons Appearance Part) get tossed based upon lack of evidence. This isn't the crime of the century and while it's possible, I don't see how any evidence would be produced in this case, unless the OP is foolish enough to make a spontaneous admission in court, or if he did that with the issuing officer and it was noted in the written Information submitted with the summons.

The OP would be wise to check with whatever court this is to see if a public defender is provided - I know in Manhattan it's automatic. Or he may be more comfortable getting a private attorney to appear in court with him.

In any event the chances of this going anywhere bad are pretty slim.
 

quincy

Senior Member
I have seen many of these cases in the SAP (Summons Appearance Part) get tossed based upon lack of evidence ...

... In any event the chances of this going anywhere bad are pretty slim.
I bet damnimessedup is hoping that will be the case for him. :)
 

quincy

Senior Member
It would be nice if he returned after his court date to give us an update on his result.
Agreed. I would be interested in hearing how the court responds.

I always think it legally safest, and therefore always recommend, that someone with a drug or alcohol offense seek assistance from an attorney. If convicted on any drug or alcohol charge, the one convicted often has eliminated from his future several possible jobs. The chance of conviction seems to me to be too great a risk to handle a drug or alcohol offense on one's own.
 

HighwayMan

Super Secret Senior Member
I always think it legally safest, and therefore always recommend, that someone with a drug or alcohol offense seek assistance from an attorney.

Sit in on a SAP calendar in Manhattan one day and let me know what you think then... ;)

Of course, it's best to be safe and one can't go wrong by being properly and professionally represented.
 

damnimessedup

Junior Member
Thank you to everyone who replied, I really do appreciate any and all thoughts and advice at this moment. As quincy suggested, I will be seeing an attorney from my university's student legal dept this week to see what can be done.

I know that the FAFSA allows some sort of rehab program or drug testing for students who want aid but have drug charges. But I will research more into this and get some opinions before talking to the fin aid office.

As you guys requested I will update you after my november summons.

Thank you again for your advice and help.
 

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