Legal Question in Criminal Law in New York

Re: misdeamnor possession?? Is there such a thing?

Generally, the reduction is due to the fact that there are specfic weight limits in order to charge a felony - if the alleged amount of drugs does not meet the felony weight then they must charge a misdemeanor... this does not necessarily mean the case is any weaker however, only diffrent.

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Re: misdeamnor possession?? Is there such a thing?

Misdemeanor possesssion and sale are two different things, the latter is a felony. Reduction in charges doesn't necessarilty mean an outright dismissal, the charges could've been reduced for several reasons.

Re: misdeamnor possession?? Is there such a thing?

There is such a thing as misdemeanor possession. PL Section 220.03 is a misdemeanor.

The fact that the district Attorney's office has already knocked down a sale (which must be a felony) to a misd. Possession is a good sign but they may stick there. You would be best off to hire your own attorney who can forcefully argue the weaknesses in the people's case. Dismissals are rarely granted unless the ADA can be convinced that his case has a legal infirmity. Your feeling that your son doesn't sell is not enough. A lawyer can ferret out the facts sufficient to convince the ADA he has a problem.

Good Luck

Re: misdeamnor possession?? Is there such a thing?

Misdemeanor possession is a much better charge to defend than felony sale . The sale to an undercover being reduced generally means that bigger fish [dealers] are being sought, so therefore although an undercover officer was involved, the P.D. didn't believe risking the identity was worth the prosecution.A possession charge doesn't require undercover testimony. I would get your son the best criminal defense attorney you can afford, his future is in question.You may call my office @7188340087 for a free phone consultation.