Legal Question in Criminal Law in New York

Criminal Possession of Marijuana in the Fifth Degree

I was smoking marijuana in a park yesterday with two friends when a cop drove by. He turned around and pulled next to my car, where we were smoking. He walked up to the passenger door, which my friend opened and handed him a marijuana pipe. The police officer removed us all from the car, cuffed us and put us in the back of his patrol car. My friend had less then a gram of weed in his pocket, which he told the officer about. He took that as well.

He then searched my car. He found some fireworks, which we were not charged with. He also found my brother's id (hes 22) in my wallet, which I was not charged for.

Next, he took us to the station to be booked. We were released with an appearance letter. We were charged with criminal possession of marijuana in the fifth degree because we were smoking in a public place.

My question is, what should I do next? One officer at the station told me that the judge would tell us whether or not we need a lawyer at the time of our appearance. Is this good advice, or should I consult with one now? Is it likely that the charge will be reduced to unlawful possession? This is the first time any of us have been arrested. Can the other things found in my car be brought up in court?


Asked on 3/25/09, 9:35 am

4 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Criminal Possession of Marijuana in the Fifth Degree

Proper representation is crucial, especially given those other things you think they found in your car.

Contact on of us on this Board or call your local Bar Association for a free referral/consultation.

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Answered on 3/25/09, 3:19 pm
Steven Czik CZIK LAW PLLC

Re: Criminal Possession of Marijuana in the Fifth Degree

It would be highly recommended to retain an experienced lawyer to defend you and preserve you rights in court. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

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Answered on 4/13/09, 6:27 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Criminal Possession of Marijuana in the Fifth Degree

There is no question... retain a lawyer right away.

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Answered on 3/25/09, 9:58 am
Robert Evans Robert S. Evans esq.

Re: Criminal Possession of Marijuana in the Fifth Degree

Retain an experienced criminal defense attorney ASAP. You do not want a criminal record and one can be avoided with proper representation. I handle matters such as yours on a regular basis. Please contact my office @7188340087 for a free phone consultation.

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Answered on 3/25/09, 12:15 pm


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