Due to the legalization, some citizens are unsure of what is considered legal and what remains to be illegal. Sadly, ignorance of the state laws is no defense and so many people are getting into trouble with the law thinking that carrying a small amount of marijuana is legal.
The truth of the matter is this, if you are found with small amounts of marijuana in your car, home, pockets or anywhere, you are likely to be charged with a violation. If you have been arrested over or charged with marijuana possession, it is highly advised that you contact an experienced Brooklyn marijuana possession lawyer, who will guide you through the process of defending yourself in court.
Some legal basics
In New York, you can be charged with unlawful possession of marijuana. This charge is defined in the N.Y. Penal Law 221.05, which applies if you have been found to be in possession of marijuana whose amount does not exceed 25 grams. Accordingly, the penal code classifies this as a violation and not a crime.
Conversely, the Penal Law 221.10 defines the threshold that must be met for a defendant to be criminally charged for possessing marijuana. If you have been found in possession of marijuana in a public place, plain sight, burning or in possession of amounts that are above 25 grams and less than 2 ounces, then you are likely to be charged with a class B misdemeanor for criminal possession of marijuana. If the amount of marijuana recovered from you falls between 2 and 8 ounces, you will be held for a class A misdemeanor.
Another common charge for marijuana possession in New York is possession with intent to distribute or illegal cultivation of the drug. You can be charged with a felony offense if the amount of marijuana seized from you is more than eight ounces. Regardless of the charge that has been filed against you, it is highly advised that you speak to a Brooklyn marijuana possession attorney for advice.
Why Hire a Lawyer for Your Case?
Although there are some people who have chosen to represent themselves in court when arraigned for marijuana possession, we highly advise against this. The fact that the drug was found on you might work against you and if you are not careful, you might be prevailed upon by a district attorney to take a plea bargain. Immediately you are arrested, seek to find a lawyer who will help you with your case. Don’t incriminate yourself by talking to the investigators or the district attorney in the absence of a Brooklyn marijuana possession attorney. Hiring an attorney has the following benefits:
i. Your attorney will explain the law to you and advise you on the legal options you have.
ii. The attorney will help you to determine if your case qualifies for judicial diversion.
iii. Your attorney will help to determine whether there was probable cause that led to the search and seizure that found the drugs and also check if the arresting officer followed the law. In the event that it is found that the law was not followed or the officer committed an error, your lawyer can secure a reduction in the charges or get the case dismissed.
If you are arrested for marijuana possession, make haste and hire a marijuana possession to handle your case. At Spodek Law Group, we have a team of defense attorneys combined experience and expertise that will increase the odds of your case working in your favor. Contact us today for a free consultation.