How Is Marijuana Related Paraphernalia Handled In New York?

Fortunately or unfortunately depending upon how you may look at it, paraphernalia solely for the use of the ingestion of marijuana is not a crime in New York. The possession of drug paraphernalia applies solely to other controlled substances.

What Are The Penalties Associated With Sale OF Marijuana In A School Zone In New York?

The circumstances surrounding the possession or sale of marijuana will affect the punishment or sentence involved. For example, if you sold or gave marijuana to a minor the offense is elevated to Felony. If you are arrested for possession near a school zone, it may result in an enhanced punishment.

What Is A Marijuana Desk Appearance Ticket?

A desk appearance ticket (DAT) is merely a means by which the police officer involved in your arrest requires you to appear in court. Once arrested a police officer has two choices, he can take you into custody and bring you to court or he can in certain minor offenses, issue you a DAT. In minor marijuana cases, it is not unusual to be given a DAT.

Can Marijuana Charges Ever be Expunged In New York?

New York does not have any expungement statute. However, in certain instances, a marijuana conviction can be sealed thus limiting access to your record.

Why Do I Need An Attorney To Represent Me In My Marijuana Case In New York?

Represented by a criminal defense attorney for a marijuana case is not mandatory if you are only charged with the violation of Unlawful Possession of Marijuana. Since it usually carries a fine and no jail sentence representation by an attorney is not required. However, if you are charged with a misdemeanor or felony you will be required to appear with a criminal defense attorney, either one of your own choosing or if you are indigent, requesting that the court provide you with one.

However, you must keep in mind that any time you are charged in any type of marijuana case even if the lowest, unlawful Possession of Marijuana, there are dispositions of your case which an attorney may achieve and you may no. Thus if you are charged with any type of violation of law, I would certainly suggest that you at the least contact an experienced criminal defense attorney to discuss the matter, whether you intend to retain their services or not.

Are There Any Alternative Programs Available To First Time Marijuana Offenders In New York?

The objective for first time marijuana offenders is to obtain an adjournment in contemplation of dismissal (ACD)” which is a form of dismissal requiring that the matter be adjourned for approximately a year and then if you remain crime free, it will result in a dismissal of your case. Although there are no alternative programs available, many times the court will require a number of hours of community service which, if performed will aid in your obtaining an ACD.

For more information on Marijuana Paraphernalia Offenses, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.