Note: Our office handles marijuana possession cases.
I appeared with a young client this week who was charged with Criminal Possession of Marijuana (CPM). In NY, 25 grams or less is unlawful possession of marijuana (UPM), a violation. This client had 29 grams, which makes it a misdemeanor -- a crime. 29 grams is about an ounce.
With UPM, it's common to get the charge resolved with an ACOD - adjournment in contemplation of dismissal. There's a specific statute authorizing ACODs for UPM. But this client was 4 grams over that. You hope for a sensible DA who will agree to resolve the CPM with an ACOD. Unfortunately it can be tough to find sensible DAs.
In this case we resolved it with a Disorderly Conduct (DisCon) violation. Client paid a fine of about $200. At least he has no crime on his record, and no drug charge to affect financial aid.
32 comments:
I WAS WONDERING IF YOU GET CAUGHT WITH A SMALL AMOUNT OF MARIJUANA AND THE JUDGE GIVES U ACOD.. THAN YOU GET CAUGHT AGAIN IN LESS THAN 4 MONTHS WHAT WILL HAPPEN? OR WHAT IS THE WORST THAT WILL HAPPEN.. AND SHOULD YOU BRING A LAWYER TO COURT?
You should hire a lawyer and ask your questions before going to Court. The 2nd offense can open up the previous ACOD. If the second offense is also a small amount (25 grams or less), then the worst that will happen in Court is a fine. The bigger problem is after Court. A marijuana conviction makes you ineligible for financial aid. It may also hurt you in your future job search.
My son was charged recently with Criminal possession of Marijuana. I should state, he had about 4grams on him, but was in a college parking lot in his car - making it a public place?). Anyway, would an ACOD be warranted in this case because of the low amount, or will I run into issues? He is only 17 and I need to ensure he doesnt ruin his college career in his first term. He is a financial aid recipient, so I want to be sure he doesnt hurt that with respect to this court matter.
I would like to handle this issue without legal counsel and wanted to see what you thought before proceeding.
I'm a lawyer who's biased and thinks that people should hire lawyers for things like this. $1000 to hire a lawyer versus the potential of losing financial aid? Seems like a no-brainer to me.
I had just been charged with UPM becuase I was holding the smoking piece but I do not smoke, do you think I will be able to get a dismissal and do you think they will drug test me?
As usual, I think you should hire a lawyer and discuss it with that lawyer. I have not seen drug testing in UPM cases.
My friend got caught with 2 misdemeanors in may for having an ounce and a scale and got an acod.He got pulled over after visiting Albany and was given a ticket for unlawful possession just a violation, will this affect his acod?
To kevin:
Simple answer is maybe. Friend should discuss with lawyer who handled first case.
So my boyfriend has court tomorrow for unlawful posession of marijuana. What's the worst that could happen to him? He's 16 years old.
Maximum fine for a UPM is, I think, a little over $200. There is no jail time for a first-offense UPM. The biggest concern he should have is that it might show up on his record and affect him in a variety of ways in the future.
5 years ago I was arrested by NYPD for driving someone who had marijuana in her purse. I was taken in too since it was my car, even though nothing was found on me or in my own car. I was charged with ACOD, but everything happened so quickly. I have never been in trouble since, not even a speeding ticket. I am waiting to hear on a background check for a marketing position for a bank and wanted to know if it will effect my chance of hire. I would love to know if I should be worried.
An ACOD should not show up on a record, but there are quirks in the system. You'd like to trust the government to get these things right, but don't count on it.
I need help. I was carged with a UPM for having about 1 gram of marijuana on me and a grinder. I was arrested, not given a phone call ( i didn't ask but it was not offered either), andwas read my rights after they cahrged me. I appeared in court alone, and pled guilty to this offense, paid my fine and got out of there. I realize this was extremely ignorant, and now I have this on my record. I would like it off my record it was a first offense and as it was during finals week at my school i was pressured and didnt have the time to think/deal with this. I ignorantly went with what people told me and did what I did. I understand this is only a violation, but as I plead guilty how will it affect me/my record? Also how can i get it sealed or removed from my record? Expungement? Any help is greatly appreciated. I would also be interested in a referral to someone who can help me...
A referral to someone who can help you? How about me?
Under the circumstances you describe, we might be able to get the plea vacated and then get it reduced or dismissed. Our fee would probably be at least $1500, possibly more.
E-mail me more details (name of the court, date, other?) at wredlich@gmail.com.
Warren
I have just been charged with a UPM it is my first offense, I have nothing on my record prior to this. I was caught on campus in my dorm room (not actually caught in the act of smoking but I admitted to smoking because it smelled because I was smoking) The University Police took my pipe away which had probably 0.2 grams worth of marijuana resin in it and now I have an appearance ticket for the city court. I already know what the worst is that could happen, but what will realistically happen for this situation? can i get ACOD? will it show up on my record? will my financial aid be effected? I admitted to the cop i was smoking should I plead guilty since that is probably in the report or not guilty?
Anonymous - you should consider hiring a lawyer and discuss all this with your lawyer.
The man is just trying to make a buck
You automatically are offered the ACOD on the first offense, you don't need a lawyer.
Thats why he wants you to pay 1000 bucks for nothing, he's just as crooked as the judge and the cop trying to bust you for nothing lol
The ACOD is not automatic.
I was put on acod about 3 weeks agofor 6 months for serving past 4am at a bar. Then my friend got pulled over for speeding and I ended up getting a upm ticket. I had a blunt clip on me and about ten dollars worth of weed. What do you think will happen in court?
There's a chance that the ACOD will be reopened and you'll now be facing the original charge and the new one. I've never said this before, but you might want to hire a lawyer.
i got caught with 6 oz. of marijuana in michigan its my second offense....what is the wrost that could happend?
You would have to ask a Michigan lawyer that question.
I am about to be tried on nearly identical charges: roughly an ounce, just barely over the limit for a civil citation. My case will be tried in Red Hook. What do you think my chances of getting an ACOD are with a public defender?
I can't predict what will happen with a public defender.
i got a speeding ticket doing a 104 in a 65. i know this is a serious ticket. i also happen to be on acod for possesion of a dime bag. will this show up when i go to court for my speeding ticket?
The ACOD could show up, but probably shouldn't be affected. You might want to hire a lawyer for this, but I'm biased.
What if I got caught with 4 ounces of weed in saint Louis what's the most that could happen
You should ask a St. Louis lawyer about that.
I got a UPM. Will this come up in the future as I am looking for a job? Or can it be off my record if I get it reduced to a disorderly conduct. My main concern is to not have this on my record. It's my first ever offense.
Both a UPM and a DisCon (disorderly conduct) show up on some records. The UPM poses more potential problems, but it's better to get it dismissed if possible.
I just received a UPM in Times square. I was pulled over for being on my cellphone and they saw a pipe filled with weed in my console. It was in plain sight, I didn't see though! (My arm obstructed my view.)
They asked if I had any more weed and I said yes and gave them my little bag with less than an 1/8th in it. They have already seen my pipe and I assumed that was reason enough to search me, so they would just find it anyway. Why not be upfront with them at this point.)
I was then cuffed and taken to a holding cell via the paddy wagon while they checked me for warrants, which seemed strange, then released in about 20 minutes. No fingerprints or mugshots or anything.
I had a possession case expunged when I was 18, but it was in another state down south.
Do I have the option for a DCOA in NY? Is there any way to not have this on my record?
I'm planning on applying for a business loan and starting a business and I'm afraid this might hurt my chances. I've already drafted the business plan and found the location.
It does sound like you are eligible for an ACD (as they call it downstate). I'd suggest hiring a lawyer, such as our firm.
Post a Comment