Legal Question in Criminal Law in New York

Can somebody be given community service for thier first offence of penal code 22

My friend, who is 16, recently went to court in Wilton, NY for an unlawful possession of marijuana ticket, or penal code 221.05. Such a ticket is considered a violation and the maximum penelty for your first offense is a ticket for no more then $100.00. When she initially went to court for the violation she was told she had to come back with a parent. When she went back to court, however, she was given a 100 dollar ticket, with a 65 dollar service charge, but was then also given 25 hours of community service. Im not a lawyer but I dont think that this is legal. She thinks her mom may have called the judge and told him to give her a more strict punishment, but regardless of what her mom says, the maximium penelty for violation of penal code 221.05, is a $100 fine. I also dont know if her moms presence is required, even though she is 16. If there is something wrong with this situation she might be interested in pursuing legal action. Please let me know what you think. Thank You.


Asked on 3/18/03, 9:43 pm

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Can somebody be given community service for thier first offence of penal cod

This case should have been dismissed. Your friend should have gotten an Adjournment in Contemplation of Dismissal for a first time marijuana charge. In addition, the maximum sentence under this offense is a $100 fine.

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Answered on 3/19/03, 10:10 am


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