How First-Time Criminals Protect Marijuana Reparation in New York

As part of the defense practice of DWI and other traffic related issues, I often have to deal with other drug crimes. Bonn, pipes, and / or other tools (carburetors, spoons, hammers, thiram, bubbler, sidecar, cheryl, rider, tube, bat, heads) are too common to be inside the car. All the police rubbed the resin / residue together, and added another criminal fine into the strife.

While practicing with Fingerlakes I have defended many college students including SUNY Cortland, SUNY Binghamton, Cornell University, Ithaca College, Keuka College and so on. Some people believe that New York State has misconstrued cannabis, but may be charged only as a violation, but even a small amount is charged as a misdemeanor or a felony (if sold to a minor) Sometimes.

The number of marijuana arrests in New York in 2007 was 92,800. Of the men arrested, 56% of males aged 15-24 years, 70% were Caucasian.

Note: After being lawfully arrested by a car in NYS, the entire vehicle is searched from top to bottom, inside and outside. For the fourth amendment right in New York State

Outside, we are talking to different public places and streets. The police sometimes make false statements. Lie to arrest. I know that Virginia is so incredible that it might sound like it. Law enforcement agencies will say "to search" college students. Should they avoid arrests, should they empty their pockets and show what they have or what they have? Legally they were only able to hit you with weapons, but entering your pocket would require permission or a possible cause. However, if marijuana is released, we will be a misdemeanor.

Here, the ranking of the New York state pot law ranks from the most severe to the more severe (in terms of penalties and results).

1. UPM based on penalties 221.05: marijuana illegally possessed It is not a crime but a simple violation However Because marijuana is a controlled substance Commonwealth When convicted by law, you will be disqualified for one year to Federal financial aid (thanks to President Clinton). Side note: Although marijuana is not considered to be subject to New York State law regulation, Commonwealth Student loans, Commonwealth Vocational training expenses, Commonwealth Grant, and Commonwealth Hope College Credit.

UPM owns less than 25 grams of marijuana. In such a case (in the case of the first criminal), the lawyer can immediately ignore ACD (postponement for considering retirement) or claim. The judge will set a problem free period of stay (no new criminal charges) for 6 months or 1 year. That is his discretion. Also, at his discretion, where there is an assessment of substance abuse is everywhere. Some judges also need community services.

Next level up of marijuana's offense is:

2. CPM based on Penal Code 221.10: 5th marijuana criminal possession . This is the case if marijuana is exposed, burning, or the quantity is more than 25 grams and less than 2 ounces. CPM is a crime. It is B class punishment.

Next level up of marijuana's offense is:

3. CPM based on penal provision 221.15: Fourth marijuana criminal possession. This is 2 ounces less than 8 ounces. As local lawyers say the real weight, I believe that you currently own drugs for personal use as well as handling drugs at the moment. The 4 th CPM is an A grade misdemeanor.

4. Penal Code 221.35 is for sale of marijuana. All you need is less than 2 grams or one joint / dull. That is a class B misdemeanor. Sale is a very loose term under the law. Sales also included Gift Because "consideration" is not required under the law in order to regard it as a sale, we can not exchange anything.

5. Penal Code 221.40 is for sale of marijuana. Less than 1 ounce. That is a Class A misdemeanor.

The next two levels are places to shift from misdemeanable crime (imprisonment less than 1 year) to felonary level crime (1 year imprisonment or more). Minor offenses can be handled by the city, town, or village courts. Felony charges are handled only at the county court level.

* Please note that sales of over 1 ounce will move the oath to New York State Class E Feroni Status (up to 3 years punishment in State Prison).

* Please note violation of New York State Act 221.50. Sale of minor changes to minor changes (Person under 18 years old). that is Class I felony state. It is not a county prison that will be punished for a term of four to seven years at a national prison.

I would like to end with GOOD NEWS about 1 to 5 above.

Penal Code 221.05 UPM (illegal occupation of marijuana), Penal Code 221.10 CPM (marijuana crime possession) 5th degree, Penal Code 221.15 CPM (marijuana criminal possession) 4th criminal law, criminal law 221.35 marijuana sale, criminal law 221.40 marijuana sales all , It will be subject to the ACD statement of the first criminal.

New York Criminal Procedure Code Section 170.56.

Entitled "Stagnation in considering liquidation when marijuana is involved."

If qualified under the law, you can file a motion with a lawyer, then his marijuana case may be rejected in the future, the official records and documents on his arrest and prosecution may be sent to the police, or The department of the New York State Criminal Justice Bureau is sealed and can not be used for public or private agencies.

Upon approval of such order by the court arrest and prosecution shall not be considered (as indefinitely) and shall be deemed invalid and the person shall be returned to the state prior to the arrest.

Of course, if someone is making other prior claims (in relation to marijuana or other medicine), the lawyer can potentially negotiate with other non-criminal dispositions such as disorderly acts. This is a violation and records of arrest and prosecution should have been sealed at the local level.

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