Legal Question in Criminal Law in New York

i am currently on acd for a class b misdemeanor it started april14th 2010 and ends april14th 2011. I was pulled over 2 days ago(march 1st 2011) for a modified exhaust with 2 friends in the car 1 in the passenger seat and one in the back. The officer asked me to step out of the car. We walked to the back of my car to talk. He told me he could smell marijuana coming from the car. He asked me what was in the car. I told him there was marijuana in the car. He asked who's it was. I was scared so i just responded all of ours meanwhile it was really my friends in the passenger seat. The cop searched asked my 2 friends 2 step out of the car and then proceded to pat them down.He found neither of them with it so he searched the car. He found the bag of weed under the passenger seat. I figured my friend was going to say it was his because it was but he denied that it was his and the officer gave me an apperance ticket for unlawful possesion of marijuana since it was my car and then let us go home. My question is what is the likely outcome for the upm and will my other charge come back up even though it was not my weed? Also can what i said to the officer be used against me in court since he did not read me my rights and it was only a conversation between me and him? Also am i entitled to a public defender i am 18 years old and live at home but my parents can not afford to pay for an attorney? thanks a lot!


Asked on 3/03/11, 7:12 pm

2 Answers from Attorneys
Joseph Villanueva Villanueva & Sanchala, PLLC - Serving all of NYS

The decision of whether or not you get a public defender will be entirely up to the judge. In NY, you should have to affirm that you are destitute and in some circumstances, you may be required to submit financial proof such as your prior tax records. Lying about your finances could lead to a perjury charge.

The decision to revive the underlying B mis, will be up to the DA. Given the seriousness of the charges and the potential life long consequences it carries, you should consult a top notch criminal defense lawyer immediately. My firm has represented many people in your same situation. You may find some information on our site handy go to www.villanuevalaw.com

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Answered on 3/03/11, 7:48 pm
peter bark bark & karpf

What you said to the cop can be used against you because you were not in custody at the time so Miranda warnings are not required. In addition there is a presumption that every one in the car possesses it. Depending on when your ticket is returnable and if it is the same jurisdiction as the old charge, the DA might not pick up the old charge in time. It sounds like the new charge is only unlawful possession, a violation and not a crime, with the maximum penalty $100 and no jail. It may not be serious at all. Ask for a public defender. You have nothing to lose.

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Answered on 3/04/11, 6:27 am


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