Drug Crimes, Substance Abuse Unlawful Possession of Marijuana in NYC 221.05

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sandmanyc

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This past weekend a friend and I were pulled over by cops b/c they said we peeled off when they rolled past us. We had like .2grams of marijuana on us. As the cops approached us, I stuffed an empty baggie into my pants. The cop on the passenger side where I was sitting saw this. My friend did not have is license on him so they told him to get out of the car. They asked me to do the same. They searched the car. They searched the car and found the small amount of weed in the car. They asked me if I had any drugs on me, I said no. They asked me what I put down my pants, and I gave them the empty bag.

They came back with two tickets, one for each. We both got a ticket for "unlawful possession of marijuana" which is in section 221.05 of NYS penal code.

I have gotten conflicting information from a number of resources. I have no record what so ever. Never been any trouble. I was told if this is your first ticket for possession, I will have to pay a $25 fine and it will be dismissed. Is that true?

I have also been told that it will not go on any record of mine since its a first possession ticket. But if there is no record, how will they know hypothetically the next time I get caught with marijuana if it's my first or second time.

I have been also told that I need a lawyer and he will have it dismissed at a cost. I am a student, I can not afford to pay a lawyer $500. On the other hand, I can't afford to have a record and lose my financial aide and be barred from certain jobs.

There is an article I read which said that it will be dismissed as soon as I step inside the court. I want to know if that article has any truth to it. I can't copy and paste the link but all you have to do is copy and paste this in google:

"Possession of Marihuana (Marijuana) In New York, including Queens, Brooklyn, Bronx, Manhattan"
-is the queensdefense.com link

I would like to know what to expect and what will happen. Any help will be appreciated.
 
This past weekend a friend and I were pulled over by cops b/c they said we peeled off when they rolled past us. We had like .2grams of marijuana on us. As the cops approached us, I stuffed an empty baggie into my pants. The cop on the passenger side where I was sitting saw this. My friend did not have is license on him so they told him to get out of the car. They asked me to do the same. They searched the car. They searched the car and found the small amount of weed in the car. They asked me if I had any drugs on me, I said no. They asked me what I put down my pants, and I gave them the empty bag.

They came back with two tickets, one for each. We both got a ticket for "unlawful possession of marijuana" which is in section 221.05 of NYS penal code.

I have gotten conflicting information from a number of resources. I have no record what so ever. Never been any trouble. I was told if this is your first ticket for possession, I will have to pay a $25 fine and it will be dismissed. Is that true?

I have also been told that it will not go on any record of mine since its a first possession ticket. But if there is no record, how will they know hypothetically the next time I get caught with marijuana if it's my first or second time.

I have been also told that I need a lawyer and he will have it dismissed at a cost. I am a student, I can not afford to pay a lawyer $500. On the other hand, I can't afford to have a record and lose my financial aide and be barred from certain jobs.

There is an article I read which said that it will be dismissed as soon as I step inside the court. I want to know if that article has any truth to it. I can't copy and paste the link but all you have to do is copy and paste this in google:

"Possession of Marihuana (Marijuana) In New York, including Queens, Brooklyn, Bronx, Manhattan"
-is the queensdefense.com link

I would like to know what to expect and what will happen. Any help will be appreciated.


From this point forward you say nothing more than name, rank, serial number.
You plead NOT GUILTY and ask for a public defender.
The public defender will guide you through the process.
Eventually, the charge will be dismissed.
It might cost you a few bucks that you can pay on a payment plan.
It won't be a fortune.
You might have to take a substance abuse class.
You might get unsupervised probation.
That means, stay out of trouble for 90 days, maybe 180, return to court, the whole thing is gone.
You might be ordered to do some community service.
Dude, its New York City, the Big Apple.
NYC has real criminals, and real crime.
If you hadn't tried to be "sneaky", the cops would probably have only lectured you, destroyed your dope, and sent you on your way.
This isn't going to amount to much, if you just let the system work.
You're in the system now.
So, plead not guilty, ask for a lawyer, do what the lawyer tells you, let time pass, and this whole thing is gone!
Dude, if all these other things are important to you, stop using dope.
Yeah, yeah, yeah, it ain't dope, man, its weed.
Whatever, its illegal.
Stop it, because next time, it ain't just gonna be vaporized.
Good luck.
 
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so if i plead guilty, what are the ramifications in the city of ny.

if i plead not guilty, will they set another date so the police officer who gave me the ticket will be present?

is there any way to get the ticket dismissed?

what are the pros and cons of hiring a public defender vs a hire lawyer.
 
oh and how do i get a public defender. i have no idea how the process works. if i go to the court house, will they give me one right away. and will i have time to talk to the public defender before the trail. and can i meet the public defender a few days before i actually go into court.
 
sandmanyc said:
oh and how do i get a public defender. i have no idea how the process works. if i go to the court house, will they give me one right away. and will i have time to talk to the public defender before the trail. and can i meet the public defender a few days before i actually go into court.

Plead not guilty.
Ask the judge, or answer in the affirmative when he asks you if you'd like a PD.

Everything from that point forward will all be revealed to you in court.

Keep quiet and calm, and in NYC, this nothing charge will fade away.



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