Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What sort of plea bargain would be offered for a marijuana possession charge?

Michael Kramer: First offense, unlawful possession of marijuana violation- the plea bargain would be an ACD. Second offense, a marijuana misdemeanor, the plea offer will usually be a violation.

A Misdemeanor Drug Charge May be Reduced to A Violation in a Plea Bargain

If charged with a drug misdemeanor, the objective is usually to get the charge reduced to the violation of disorderly conduct. On the other hand if you’re charged with much more serious drug offenses – felony drug offenses – then the objective would be to plea bargain from a felony, down to a misdemeanor. In rare instances even less. Even though a misdemeanor is still a crime – having a felony record is much more serious than a misdemeanor record. When the drug charge becomes so serious that you’re charged with large quantities of drugs – selling drugs, selling drugs to minors – and you’re facing mandatory jail time if you go to trial and lose; the incentive becomes that much greater to accept a plea bargain that would involve perhaps, even a felony, but with no jail time or lesser jail time than you would be exposed to if you went to trial, rolled the dice, and lost.

Plea Bargains Generally Offered for a Shoplifting Charge

Interviewer: If someone maybe had a basic shoplifting case, what sort of plea bargains might be available there?

Michael Kramer: Well again, it depends upon the facts of the case and the background of the defendant. If it’s a first offense misdemeanor, then a prosecutor will be much more receptive to a plea bargain to a non-criminal offense, either an ACD or violation. In so deciding, the prosecutor will also look at such factors as: the value of the alleged theft, the age of the defendant, the motivation for the theft, etc. If it’s more than a thousand dollars, a felony the prosecutor may then only agree to a reduction to a misdemeanor.  I am sure by now you get the idea of how a plea bargain works.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161