tag:blogger.com,1999:blog-12583005.post113893682486907653..comments2023-01-04T02:09:40.565-05:00Comments on Albany Lawyer: Marijuana defense - dismissal under NY law - CPL 170.56Anonymoushttp://www.blogger.com/profile/16942422727278141113noreply@blogger.comBlogger90125tag:blogger.com,1999:blog-12583005.post-52827195791302725142013-03-14T21:44:21.481-04:002013-03-14T21:44:21.481-04:00In my opinion it is a "jurisdictional defect&...In my opinion it is a "jurisdictional defect", and I have gotten cases dismissed for that reason. But the judge in your case may not agree.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-78737971012779550072013-03-14T19:45:42.613-04:002013-03-14T19:45:42.613-04:00Daughter received UPM after one of her friends was...Daughter received UPM after one of her friends was stopped for speeding. It was found under seat and my daughter admitted it was hers. I am using my family attorney, and she had an appearance ticket and we went to court, however, the Trooper never filed the paperwork so she wasn't on the court docket. Lawyer said cop can still file the paperwork and she'd have to reappear. She is in Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-82205469135683438432012-12-11T08:06:35.384-05:002012-12-11T08:06:35.384-05:00You should talk to an employment lawyer. You should talk to an employment lawyer. Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-91661456272887023812012-12-11T08:05:14.043-05:002012-12-11T08:05:14.043-05:00I'm not sure if 170.55 gets sealed.I'm not sure if 170.55 gets sealed. Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-22036766733038577792012-12-11T02:51:53.194-05:002012-12-11T02:51:53.194-05:00i just got a disposition of a summons i received i...i just got a disposition of a summons i received in 2001. its a 221.05 charge and on the bottom it says 7/25/2001 adjourned cpl section 170.55 then 1/24/2002 dismissed cpl section 170.55. does that mean its suppose to be sealed? i am applying for a job as a nypd police officer and was asked to get any dispositions for arrests or dat i received. this came up and now my investigator is giving me a ryanmaidenhttps://www.blogger.com/profile/17331075631433437973noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-74495084269728191162012-10-24T18:48:26.644-04:002012-10-24T18:48:26.644-04:00I'd like to clarify that I did not break the l...I'd like to clarify that I did not break the law for the Petty Larceny case. I was wrongly accused. Albany Teennoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-39145748525876463882012-10-22T10:31:38.934-04:002012-10-22T10:31:38.934-04:00Sorry, my #2 should have been stop breaking the la...Sorry, my #2 should have been stop breaking the law.<br /><br />If you're having trouble with #2, you should consider getting a mental health evaluation. That evaluation will be helpful in any legal proceedings, and may help you address problems you are unaware of.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-65464538306037082522012-10-22T08:41:47.627-04:002012-10-22T08:41:47.627-04:001. Hire a lawyer
2. Stop possessing marijuana1. Hire a lawyer<br />2. Stop possessing marijuanaAnonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-29407675544767422012012-10-21T23:50:32.460-04:002012-10-21T23:50:32.460-04:00Hello, I was recently charged with Petty Larceny a...Hello, I was recently charged with Petty Larceny and was granted an ACOD for it. I opted the ACOD because I had never gotten in trouble for anything before that and it seemed like it would be better than sitting in trial for months on end only to be found innocent. About two weeks after I was granted the ACOD I have received a UPM. What is the best course of action in my situation?Albany Teennoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-57108806967257988822012-08-24T10:40:16.984-04:002012-08-24T10:40:16.984-04:00If my record has been sealed following the 1 year ...If my record has been sealed following the 1 year of adjournment in contemplation of dismissal (ACOD), is there any way to expunge the sealed record? I know in an earlier post you said you looked into it and didn't think there was a way to expunge a conviction from your record, but what if you weren't convicted in the first place and your record is now sealed?<br /><br />Essentially, whatAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-35003749133883827572012-07-25T14:07:04.887-04:002012-07-25T14:07:04.887-04:00No I can't explain. You should talk to the law...No I can't explain. You should talk to the lawyer who represented you then, or hire a local lawyer there.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-88711883975185457052012-07-25T12:36:35.600-04:002012-07-25T12:36:35.600-04:00hey IM tryna join the army but because at 17 I was...hey IM tryna join the army but because at 17 I was charged with 170.56 I can't can't you explain what that isAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-30766980228015164802012-06-19T09:03:11.735-04:002012-06-19T09:03:11.735-04:00Hard to answer about background checks. It will pr...Hard to answer about background checks. It will probably show up in federal databases. Under NY law it should have been sealed, as if it never happened. But databases don't always follow the law.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-91612041357402484192012-06-18T20:13:26.967-04:002012-06-18T20:13:26.967-04:00I will be undergo through a biographic and biometr...I will be undergo through a biographic and biometric background check and I had a POW 5th 2 years ago and got a ACD. You have mentioned that ACD dimisses this upm charge. So would it show up as dismissed? Will it show up at all? Will it say that I was convicted of it even if I was given this ACD?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-89408447163661309512012-03-14T19:27:20.453-04:002012-03-14T19:27:20.453-04:00In my opinion the answer is no, but you really sho...In my opinion the answer is no, but you really should ask an employment lawyer.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-6263092922502312902012-03-14T19:13:22.178-04:002012-03-14T19:13:22.178-04:00after a 6 months acd is sealed properly after you ...after a 6 months acd is sealed properly after you have stayed out of any more trouble, in NYS, and you apply for a job and they ask you if you have ever been charged with a violation? how do you have to answer if the arrest and prosecution are deemed a nullity?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-75959880142715768642012-01-06T15:14:15.209-05:002012-01-06T15:14:15.209-05:00Under NY law, you were never arrested. Under feder...Under NY law, you were never arrested. Under federal law, I'm not sure. You should contact an immigration attorney.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-71017961519624533602012-01-04T20:12:39.735-05:002012-01-04T20:12:39.735-05:00Hello sir. I have an interesting one. I am irish a...Hello sir. I have an interesting one. I am irish and was on vacation in New York. I was arrested and charged with 221.10. When put through court i got a court action "Dismissed Forthwith-CPL170.56"<br /><br />Under New York law was I ever arrested? Under federal law was I ever arrested?<br /><br />The answer to this question is very important should i want to come back to the USA (whichirish guyhttps://www.blogger.com/profile/18079192025002410755noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-41334425198918785492011-09-21T13:41:56.424-04:002011-09-21T13:41:56.424-04:00I don't have any insight.I don't have any insight.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-59529646038892927522011-09-21T13:27:19.920-04:002011-09-21T13:27:19.920-04:00Hi I was recently arrested and charged with posses...Hi I was recently arrested and charged with possession of marijuana resulting in a 1year of acd am going for my security license in a couple Of days and this has been a heavy burden on my mind. should I let the time pass or still go for my license, would it show up? .... I was wondering what advice would you give me since. It's not a felony or anything more pls help thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-57526274808718565052011-09-12T16:02:57.976-04:002011-09-12T16:02:57.976-04:00While I disagree that that's my "only&quo...While I disagree that that's my "only" advice, yes I am looking for clients. I don't think I'm being unreasonable.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-15332833046765468742011-09-12T15:55:46.894-04:002011-09-12T15:55:46.894-04:00Its seems the only help (advice you can give is &q...Its seems the only help (advice you can give is "you should get a lawyer" Wow looking for clients are you?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-19666891655598067762011-03-10T22:51:27.056-05:002011-03-10T22:51:27.056-05:00I think most officers would write an incident repo...I think most officers would write an incident report on a case like this, but I'm not sure it's required. That question is better directed to a police officer than to a lawyer.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-67972903130104920692011-03-10T20:58:38.602-05:002011-03-10T20:58:38.602-05:00When an officer issues you a ticket under 221.05, ...When an officer issues you a ticket under 221.05, do officers write incident report associated with the ticket explaining exactly what happened? I.e., I pulled over suspect, he took marijuana from his pocket, etc...or is this more akin to a speeding ticket with no report required?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-57947908008533883982011-03-09T06:21:47.121-05:002011-03-09T06:21:47.121-05:00Sounds like you haven't been convicted.
Check...Sounds like you haven't been convicted.<br /><br />Check with the lawyer you had or an employment lawyer to be sure.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.com