Possesion

[keysol]

What is the name of your state (only U.S. law)? New York State

If im with my friends on a roof and the cops come and there was marijuana but i was searched and they found nothing on me and someone else confessed to all the marijuana present was his, can they still charge me with possesion? I wasnt smoking and nothing was on me. However there was 5 of us who were all charged with possession. This is important for my job

 

[LdiJ]

What is the name of your state (only U.S. law)? New York State

If im with my friends on a roof and the cops come and there was marijuana but i was searched and they found nothing on me and someone else confessed to all the marijuana present was his, can they still charge me with possesion? I wasnt smoking and nothing was on me. However there was 5 of us who were all charged with possession. This is important for my job

I think it depends on a lot of factors that are not known here. You definitely need an attorney.

 

[keysol]

I think it depends on a lot of factors that are not known here. You definitely need an attorney.

Well, Attorneys are thousands of dollars i just can't afford right now. I'm hoping the one they provide for me can get me off this. As for the factors, I'll try to be as detailed and brief as possible. We were on a roof if a friends apartment building(friend wasnt with us at the time). We had a six pack and one of us had like 2 ounces of marijuana on him. There were 6 of us. When the cops came, they found 4 of us talking with a beer in our hand and one was crushing the marijuana while the dealer ran. The cops caught him and brought him back. They went through his bag and found 2 ounces on him with a scale. They asked us if we been smoking and we said no. They then asked whose marijuana was this and the person who ran confessed it was his. They asked us if anyone else had anything on their person and we all said no and they searched us. They arrested us for trespassing and then charged us with criminal possession of marijuana at the precinct. I don't mind the trespassing charge but I need for the criminal possession charge to be dropped. Thats basically what happened in that order. With the cops finding nothing on me and not finding me touching the marijuana at all when they arrived. Between that and the confession, I would hope that It would be an easy task for my attorney to make a case for me. Thanks for your help in this matter.

 

[quincy]

Well, Attorneys are thousands of dollars i just can't afford right now. I'm hoping the one they provide for me can get me off this. As for the factors, I'll try to be as detailed and brief as possible. We were on a roof if a friends apartment building(friend wasnt with us at the time). We had a six pack and one of us had like 2 ounces of marijuana on him. There were 6 of us. When the cops came, they found 4 of us talking with a beer in our hand and one was crushing the marijuana while the dealer ran. The cops caught him and brought him back. They went through his bag and found 2 ounces on him with a scale. They asked us if we been smoking and we said no. They then asked whose marijuana was this and the person who ran confessed it was his. They asked us if anyone else had anything on their person and we all said no and they searched us. They arrested us for trespassing and then charged us with criminal possession of marijuana at the precinct. I don't mind the trespassing charge but I need for the criminal possession charge to be dropped. Thats basically what happened in that order. With the cops finding nothing on me and not finding me touching the marijuana at all when they arrived. Between that and the confession, I would hope that It would be an easy task for my attorney to make a case for me. Thanks for your help in this matter.

The criminal possession of marijuana is a Class B misdemeanor, when the amount in question is 25 grams to 2 ounces. It becomes a Class A misdemeanor with more than 2 ounces.

Generally when you are faced with a misdemeanor charge, it is smart to have an attorney. A misdemeanor conviction can affect your life in all sorts of bad ways.

It is possible that your misdemeanor could be dropped to unlawful possession, which is a violation and a fine, but it depends on all of the facts and several different factors.

It sounds as if your trespassing charge will be a violation and a fine.

Here are links to the laws:

Offenses involving marijuana: http://ypdcrime.com/penal.law/article221.htm
Burglary and related Offenses (trespassing): http://ypdcrime.com/penal.law/article140.htm

You are not a minor, I assume.

 

[HighwayMan]

...I need for the criminal possession charge to be dropped...

Or really? And why is that?

You can be charged with anything. Whether the ADA goes with it is another story. Were you released with a DAT or were you arraigned in court?

Were you charged with Criminal Trespass or simple Trespass?

Sounds to me like the CPM won't fly.

 

[keysol]

Or really? And why is that?

You can be charged with anything. Whether to ADA goes with it is another story. Were you released with a DAT or were you arraigned in court?

Were you charged with Criminal Trespass or simple Trespass?

Sounds to me like the CPM won't fly.

I was released with a desk appearance ticket. I was charged with criminal trespass in the third degree. I need the possession charges drop for a job application reason*career job*. I've never been arrested and the drug charge or admission to it in any form would automatically disqualify me. I'm thinking of taking out a loan just for the attorney i need for those 2 or 3 hours

 

[quincy]

I was released with a desk appearance ticket. I was charged with criminal trespass in the third degree. I need the possession charges drop for a job application reason*career job*. I've never been arrested and the drug charge or admission to it in any form would automatically disqualify me. I'm thinking of taking out a loan just for the attorney i need for those 2 or 3 hours

With two misdemeanor charges, yes, you would be smart to have an attorney. If the trespass was a violation, I could more easily seeing it dropped and the possession charge reduced.

Good luck.

 

[HighwayMan]

As quincy hinted, the criminal trespass is a misdemeanor also. Are you specifically concerned with a drug-related conviction on your record? If it's a misdemeanor issue then you have two of them to worry about.

You can try asking for a public defender. In fact, you should go to the court prior to your arraignment date and inquire as to whether you meet the criteria. If not, you're probably looking at $400-500 an hour for a criminal attorney.