Nassau County Marijuana Possession Defense
A Nassau County Marijuana Possession Lawyer can explain that this is a very commonly seen charge. Because marijuana has been legalized in 15 states for medical purposes, this drug has been an area of focus in the media, and with law enforcement. Due to the change in law, many are now confused what is illegal in terms of possession and use of marijuana. The truth is, if you are in possession of a small amount of cannabis, this a violation not a crime per se. If you have been charged with drug possession, such as Cocaine Possession, or heroin possession, it is important that your legal rights are protected. Depending on the amount and the drug involved, the consequences for these charges can be significant. Contact a Nassau County Marijuana Possession Lawyer from Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
The Unlawful Possession of Marijuana is a commonly seen charge in New York, which is defined in NY Penal Law 221.05. This law will apply if the amount of the drug involved is less than 25 grams, and is considered a violation.
NY Penal Law 221.10 defines the Criminal Possession of Marijuana in the 5th degree. According to this code section, a defendant will be found guilty of this crime if they are found to be in possession of marijuana that is burning, in public, and in plain view. The amount involved must be 25 grams to 2 oz. This is a B misdemeanor offense. If the amount involved is between 2 and 8 oz., the crime will be classified as an A misdemeanor.
The offense of Possession with Intent to Distribute or Cultivation of Marijuana is committed when the defendant possesses up to 24 grams of the drug which is for sale. This offense is an A misdemeanor. The sale of any amount of marijuana between 25 grams and 4 oz. is a C felony, which can be punishable by up to four years in prison. If the amount of cannabis is between 4 oz. and 1 lb. the crime is a D felony. If you have been charged with the sale of marijuana it is important to speak with our legal team promptly. Our staff can explain the new legislation in effect regarding these offenses. You may qualify for judicial diversion. This new law passed in in 2009 (CPL Article 216). This is good news to many and means treatment instead of jail time. If all goes well, often your lawyer can also get your charges sealed or dismissed down the road.The Arrest
If you have been arrested for drug possession, you know how embarrassing and frightening this can be. You may have been searched, given a Miranda warning and taken into custody. During the booking process you were likely photographed, fingerprinted and issued a desk appearance ticket.
It is not uncommon for issues to arise regarding search and seizure of a suspect. It is important that the police had probable cause to conduct the search. In some instances they must obtain a search warrant. If you believe that there may have been a problem with your search and seizure or arrest process, it is important to speak with our team for guidance. In some instances, our team can have your charges reduced or even dismissed depending on the facts of your case.
We will provide you with sound advice and a free consultation with your first visit. Call us today to schedule your appointment at 800.696.9529. We have offices to serve you throughout New York City, including locations in Manhattan, Brooklyn, the Bronx, Queens and Staten Island. We also have locations to serve you in Suffolk County and Nassau County on Long Island and Westchester County.