Long Island Marijuana Possession Defense
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A Long Island Marijuana Possession Defense Lawyer often sees Marijuana Possession charges. Marijuana has gotten a lot of attention in the recent past because it has been legalized in many states for medical purposes. Because of this, the lines of what is legal and illegal has become a grey area. Possession of very small amounts of this drug are illegal, but are deemed a violation as opposed to a criminal offense. Possession of larger quantities however can carry stiff penalties. If you have been charged with Marijuana Possession, it is important to speak with an experienced Long Island Marijuana Possession Defense Lawyer from our office to ensure that your rights are protected.
One of the more frequently seen charges regarding marijuana is Unlawful Possession of Marijuana. This offense is defined in New York Penal Law 221.05, and states that is it an offense to possess 25 grams or less of marijuana. This offense is not a criminal offense, and is classified as a violation.
New York Penal Law 221.10 defines Criminal Possession of Marijuana in the 5th Degree. This offense applies where a defendant is in possession of the drug in a public place, in plain sight, it is burning, or the amount is between 25 grams and two ounces. It is a B misdemeanor. If there is more the two ounces involved, but less the eight ounces, the crime is an A misdemeanor.
Marijuana Possession can elevate to a felony charge where the amount is over eight ounces. If you have been charged with a felony marijuana charge, it is important to speak with a New York Drug Crime Lawyer from our team without delay. It is important to know that new laws have been passed that could allow a felony drug charge to be eligible for a judicial diversion program. In this instance, you could be ordered to a drug treatment program rather than spend time in jail.
A Long Island Drug Crime Lawyer can tell you that a Marijuana Possession charge can be legally complex, and can involve issues related to search and seizure. The police must have probable cause to conduct a search, and a search warrant could be required. If a mistake was made by law enforcement during this process, it is possible to get your charges reduced or even dismissed.
The penalties for Marijuana Possession can be substantial and include jail time, fines and probation. Contact a Long Island Marijuana Possession Defense Lawyer from Stephen Bilkis & Associates, PLLC for advice and guidance. We will provide you with a free consultation with your first visit. Whether you have been charged with Possession with Intent to Distribute, drug cultivation or Drug Trafficking, we can help ensure that your rights are protected. We have offices to serve you throughout New York City, including Brooklyn, the Bronx, Staten Island, Queens and Manhattan. On Long Island, we have locations in Suffolk County and Nassau County, and Westchester County. Contact us today at 1.800.NY.NY.LAW.