Queens Marijuana Possession Defense
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A Queens Marijuana Possession Lawyer from our team can tell you that this has become a frequently seen charge in New York. Marijuana has been an area of focus lately because at the time of this writing, it has been legalized in 15 states when used for medicinal purposes. Due to this change, many are now unclear what is considered legal in terms of possession and use. Some people are under the impression that being in possession of a small amount of cannabis is legal. In truth, if you are found to be in possession of a small amount, you would be charged with a violation rather than a crime. If you have been charged with drug possession, contact the team at Stephen Bilkis & Associates, PLLC for legal guidance to ensure that your legal interests are protected.
A commonly seen charge with regard to cannabis is the Unlawful Possession of Marijuana, which is defined in New York Penal Law 221.05. This law applies if the amount of marijuana involved is less than 25 grams. This offense is categorized as a violation instead of a crime.
Another commonly seen charge is the Criminal Possession of Marijuana in the 5th degree, which is defined in New York Penal Law 221.10. Pursuant to this code section, a defendant is guilty of this crime if they are found in possession of marijuana that is burning, in plain view, in a public area, and is in amount of between 25 grams to 2 ounces. This offense is a B misdemeanor. If the amount is between two and eight ounces, the crime is considered an A misdemeanor.
With the Possession with Intent to Distribute or Cultivation of Marijuana, the law says this offense is committed if the defendant is in possession of up to 24 grams that is for sale. This offense is categorized as an A misdemeanor. The sale of any amount of cannabis that is between 25 grams to 4 ounces is considered a C felony offense, which if convicted is punishable by a maximum of 4 years in prison. If the amount is between 4 ounces and one pound, the crime is considered a D felony. If the amount of the drug involved is more than 8 ounces, it would be considered a felony. If you have been charged with the possession or sale of marijuana, it is very important to seek legal guidance from our team right away. Our legal staff can explain that there are new laws in effect regarding these types of charges, and in some instances it is possible for the defendant to attend a drug treatment program in lieu of going to jail. This is known as judicial diversion.The Arrest
If you have been arrested for marijuana possession, you know how humiliating and shocking this experience can be. Depending on your particular circumstances, you may have been searched, read your Miranda rights and handcuffed. The booking process likely involved being fingerprinted, photographed, and being issued a desk appearance ticket (DAT).
Often in these cases search and seizure issues are involved. For a search to be legal, probable cause must be present for a search to be conducted. In some instances, a search warrant will be necessary. If there appears to be any issues involved with your search and seizure, it is very important to speak with our legal team promptly. It is possible that your charges could be reduced, or in some cases dismissed altogether.Our firm will provide you with sound legal counsel and a free consultation with your first visit. For your convenience, we have office locations throughout the New York area, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Long Island and Westchester County. Call us today at 1.800.NY.NY.LAW.