Marijuana Possession Charges
In New York, many individuals find themselves facing drug charges even when they were not actually in possession of any drugs. Marijuana possession may take the form of constructive possession or presumptive possession. Constructive possession may be alleged if the drugs are found in an area over which, it is argued, you exercise dominion or control - such as in your car or apartment. Presumptive possession may be alleged when drugs are found in the glovebox or trunk of a car and there is more than one person in the car; in such a case, police often arrest everyone in the car.
Marijuana possession charges can range from a violation, which is a non-criminal offense, to felony possession charges. If you are charged with possession of 25 twenty five grams and less than 2 two ounces of marijuana possession, and if this is your first offense, you will likely be charged with violating PL 221.05, which is a violation and not a crime in New York. Prosecutors often offer a Marijuana ACD in such situations.
If the police allege that you were burning any amount of marihuana , weed , in public view, or possess more than 25 twenty five grams and less than 2 two ounces of marijuana, you will likely be charged with violating Penal Law Section 221.10, which is a Class B Misdemeanor. If you are convicted of violating PL 221.10 you may be sentenced to a jail term of up to 90 days. As the weight andquantity of the marihuana you are alleged to have possessed increases, so does the seriousness of the criminal possession charges.
Felony Marijuana charges include Criminal Possession of Marijuana in the First Degree; Criminal Possession of Marijuana in the Second Degree, PL 221.25; Criminal Possession of Marijuana in the 3rd Degree, PL 221.20. Felony Marijuana Possession charges may involve prison terms and are very serious. However, a defense is possible and whether the police had permission to conduct a search; had grounds for a search warrant; whether the search warrant was proper; and whether there was probable cause for a traffic stop, where the drugs are alleged to have been found in the car - are all issues which must be explored by your Drug Crimes Defense Attorney. Each and every one of these areas needs to be explored in preparing your defense if you are facing drug charges. DO NOT talk to police before retaining a drug crimes defense lawyer.