Current Events > I got arrested. Have some questions...

(+) Yeah! (+)

This didn't just happen but I'm getting close to the court date and looking for more info anywhere.

I was arrested for possession of marijuana. A very small amount so all that happened was I spend time in cuffs at the station while they did paperwork for a few hours. I have to go to court on May 3rd and plead not guilty. This is my best option right? Is anyone here in law? I obviously plan to show up in dress shirt and pants looking really nice but what should I expect?

I've had to do this for speeding tickets and it's a lot easier. Plead not guilty and it's lowered to something stupid and you pay a lesser fine. I'm assuming it will be just like that, no? I know the topic is not allowed to be discussed in terms of use but this is more about the law and court stuff so should be okay to talk about right?
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It won't be just like that.
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You'll probably just pay a small fine either way.
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None of us can give you legal advice here unless they are a lawyer.

Check out the legaladvice subreddit. https://www.reddit.com/r/legaladvice/

You need the legal expertise of @DawkinsNumber4

You two will have a wonderful chat.
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What state do you live in?
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DawkinsNumber4 posted...

What state do you live in?

It's the resident legal expert of CE.

/sarcasm
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New York
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Why would you plead not guilty when you done something you shouldn't have?

Edit: people like you tc are a waste of life
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Wow, that really fucking sucks that they still bother with arresting people for that. Thankfully I am betting that within the next 10 years, this will be expunged or w/e because they'll have legalized it and expunging the low level possession offences and stuff.
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DesertPenguin09 posted...

Plead not guilty and it's lowered to something stupid and you pay a lesser fine.

That's not how it works
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Have you asked for a public defender?

If you plead not guilty and are found guilty you will get a harsher sentence and as they clearly found you in possession you don't have a leg to stand on so just plead guilty and get it over with.
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Plead guilty, unless you feel like going to trial and fighting the charges. I don't know about NY, but my state will generally dismiss the first offense as long as you complete the sentencing requirements, such as community service, probation, whatever.

U done goofed

Enjoy your hot cot and Bubba at night
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No but the officers at the station (not just the ones that arrested me) explained that I should plead not guilty and it'll be lowered to something that will be off my record in 6 months. Not sure how much they are suckering me into fucking myself over but it was all very civil when I was there. I didn't deny anything when they caught me, I was compliant with everything and all that shit.

How do I ask for a public defender? I don't have money for a lawyer...
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First of all.

Get a fucking lawyer
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Get a Public Defender or a lawyer on your own dime if you have the money. If I had to guess, he's going to look over the report, see if there's a chance at winning in court. If there's not much chance, he'd probably tell you to plead guilty. If you don't have a history, you'll probably get probation and fines.

Each city and state is different though.
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I doubt they have the time or inclination to care. How much weed, how old are you?

Maybe be worth pleading no contest and trying to reduced charges and minimum punishment.
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treewojima posted...

Plead guilty, unless you feel like going to trial and fighting the charges. I don't know about NY, but my state will generally dismiss the first offense as long as you complete the sentencing requirements, such as community service, probation, whatever.

This sounds like it makes sense and I think I can handle this.
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Medical marijuana is legal in New York now, so you can just claim that you had it for medical purposes and that you've lost the doctors note. Call your doctor and get them to corroborate your story. Easy win

you really need a lawyer for this one. everyone likes to think that marijuana possession is no big deal but you want to get someone who can talk this down to just a fine or something. ive had friends being placed on probation for a year or so because of possession and that is pretty awful
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Why would you have ganja on you are you dumb?
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Probation is not jail time and I'm okay with that. I quit smoking the next day so there's that.
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Why are you asking on CE?
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E32005 posted...

Why are you asking on CE?

We may not be professionals, but we are experts.

https://www.avvo.com/legal-answers/how-likely-is-it-for-me-to-get-my--pl-221-10-01-ch-838355.html

Very good info
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A quick google search says NY is a decriminalized state so unless you were carrying a shit load it's only a $100 fine, not even a misdemeanor. Pay your fucking fine and move on. Getting a lawyer would be an incredible waste of time and money, if a lawyer would even take on such a small infraction.
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Obviously you fucked up and know you did. Good looks
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voldothegr8 posted...

A quick google search says NY is a decriminalized state so unless you were carrying a shit load it's only a $100 fine, not even a misdemeanor. Pay your fucking fine and move on. Getting a lawyer would be an incredible waste of time and money, if a lawyer would even take on such a small infraction.

That's my only wonder. It's probably cheaper to just pay the fine right?
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DesertPenguin09 posted...

Probation is not jail time and I'm okay with that. I quit smoking the next day so there's that.

They all say that but never quit. Like I said you're a waste of life.
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DesertPenguin09 posted...

https://www.avvo.com/legal-answers/how-likely-is-it-for-me-to-get-my--pl-221-10-01-ch-838355.html

Very good info

Specifically this:

A "D.A.T."stands for Desk Appearance Ticket. When a person is charged with a low level Misdemeanor such as Criminal Possession of Marihuana in the 5th Degree and it is his first arrest, the arresting officer officer may either arrest the person until the arraignment, which can take between 24 to 48 hours, or issue a DAT directing him to appear in Criminal Court on a future date, time and place for the Arraignment. In this case, the officer used his discretion to give you a DAT instead of putting you through the system of the Corrections Department, because you probably were able to provide him with a valid identification to verify your identity.

Section 221.10(1) under the Penal Law is Criminal Possession of Marihuana in the 5th Degree. This is a classified B misdemeanor, and technically can give a person a criminal record if he or she pleads guilty to the arrest charge.

This charge and the set of circumstances in your case, however, are generally resolved through plea negotiations early in the prosecution and often at the arraignment on the first day when you appear in court to hear the formal charge by the District Attorney.

Because you have had no trouble with the law or had no prior arrests, the arraignment judge will consider a Marihuana ACD by the application or motion of the defense attorney. It's not automatic.

A Marihuana ACD means that the case will be dismissed and sealed so long as you have no more arrests with the criminal justice system for a period of one year. If there is a subsequent arrest or DAT within the year, the District Attorney has the discretion to add the case back on the calendar and continue with the prosecution of the case. If there is no new arrest (don't worry about traffic tickets), then the case will dismissed and sealed. Accepting a Marihuana ACD is not a plea of guilty and the one year term is not probation.

It is important to note that Marihuana ACDs are offered one time only. You get only one bite of the apple. A subsequent arrest after one year when the case is dismissed will not entitle you to another Marihuana ACD.

Do you need to hire a private attorney? The court will provide a free attorney at the Arraignment. Whenever a person is charged with a crime and a record is at stake that can affect employment opportunities in the future, housing and one's reputation it is always better to hire a private attorney who can bring a quick resolution and provide you the service and attention that you deserve. I hope this helps!

Get one that talks mad shit about minor league womens softball
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I'm not a legal expert, at all, but as someone who went through a similar situation 10+ years ago, albeit in PA, just go to court and you'll be given a PD there before you plea anything, and you'll discuss with him what you want to plea based on the case. You'll likely be given another court date where the actual charges are read and such, but your Public Defender will handle everything. And you may get probation, but being that it's NY I would highly doubt it, and I doubt it'd be more than 6 months and you show that you're not a total fuck up. The courts don't want to deal with minor drug possessions, they'd rather fine you and not boggle down the system.

But yeah, the legal advice subreddit will have a lot better help and info. Likewise most attorneys offer free legal advice for the first time, and assuming he's not a total scumbag and cheap ass, he'd likely advise you the same.

ClunkerSlim posted...

Get a Lawyer.

For a minor drug possession? And nothing to do with being behind the wheel? Please, a public defender will be fine

The Great Muta 22 posted...

ClunkerSlim posted...

Get a Lawyer.

For a minor drug possession? And nothing to do with being behind the wheel? Please, a public defender will be fine

It's not even a misdemeanor, it's essentially the same as a speeding ticket in his state.

Just pay the fucking fine.
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Find out how to get a Public Defender and get one. They could have told you all this shit and they can do the dumb byllsjit they make you go through.
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Why would you plead not guilty? You had it on you and the cops have it dont they? Plead guilty and ask for a reduction.
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Sativa_Rose posted...

Wow, that really fucking sucks that they still bother with arresting people for that. Thankfully I am betting that within the next 10 years, this will be expunged or w/e because they'll have legalized it and expunging the low level possession offences and stuff.

Christ, stoners are annoying​
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Wait, the ticket is civil and not a misdemeanor? If so, plead guilty pay the fine and be done with it.
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Kirby posted...

Wait, the ticket is civil and not a misdemeanor? If so, plead guilty pay the fine and be done with it.

Correct
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faizan_faizan posted...

Sativa_Rose posted...

Wow, that really fucking sucks that they still bother with arresting people for that. Thankfully I am betting that within the next 10 years, this will be expunged or w/e because they'll have legalized it and expunging the low level possession offences and stuff.

Christ, stoners are annoying​

especially when they're right
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Kirby posted...

Wait, the ticket is civil and not a misdemeanor? If so, plead guilty pay the fine and be done with it.

You don't get put in handcuffs for what amounts to a ticket.

For the love of God just go talk to a criminal defense attorney. You are throwing your life away by taking legal advice from the police.
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I'm not gonna spend money on that but I found some numbers to call early tomorrow morning. Hopefully I can get some free information before applying for a public defender in court.
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You should plead guilty and take the small fine, actually.

You end up paying quite a bit more if you take on a Public Defender and are found guilty because you then have to pay the fine AND the PD's fee, which would be a waste if you actually were in possession.

Just plead guilty and pay the fine, shouldn't be a big deal, TC.

To expound further, if it's your 1st offense the fine will be small anyway and will be a slap on the wrist for the most part.
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Brian-Dawkins posted...

You should plead guilty and take the small fine, actually.

You end up paying quite a bit more if you take on a Public Defender and are found guilty because you then have to pay the fine AND the PD's fee, which would be a waste if you actually were in possession.

Just plead guilty and pay the fine, shouldn't be a big deal, TC.

To expound further, if it's your 1st offense the fine will be small anyway and will be a slap on the wrist for the most part.

Along with that fine comes a criminal drug record basically destroying any future student aid, job prospects, and ability to rent in a decent neighbourhood.

TC needs a goddamn lawyer, but I suspect he's already handed the police a confession on a silver platter. You'd much rather get this deferred than plead guilty.
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