Legal Question in Criminal Law in New York

marijuana possesion

got desk appearance for marijuana in nyc was charged w pl 2211001...i had nothing on me was observed smoking...i cannot find this statute on the net..can it be plea down...do i need lawyer


Asked on 9/23/06, 3:11 pm

3 Answers from Attorneys

Steven Czik CZIK LAW PLLC

Re: marijuana possesion

The crime is a B misdemeanor and is Criminal possession of marijuana in the fifth degree. While you don't necessarily NEED a lawyer there is a very likely chance that retaining one would give you a much greater possibility of having the case dismissed or reaching a more favorable plea than if you were in your own. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 9/25/06, 12:42 pm
Robert Evans Robert S. Evans esq.

Re: marijuana possesion

I always recommend getting a competent criminal defense attorney ,if one can afford it. In your case a competent attorney would very likely be able to plea bargain this case or even get an ACD. Please caLL MY OFFICE @ 7188340087 FOR A FREE PHONE CONSULTATION.

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Answered on 9/24/06, 2:40 pm

Re: marijuana possesion

Its a Class B misdemeanor. Here is the statute:

� 221.10 Criminal possession of marihuana in the fifth degree

A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or

2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

If you have no priors, you can get a Marijuana ACD, which means the case gets adjourned for 1 year and then dismissed if you have not been in any trouble. You probably don't need a lawyer but I always advise people to have a lawyer, just in case, so you do not get taken advangtage of.

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Answered on 9/23/06, 3:18 pm


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