Suffolk County Marijuana Possession Defense
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A Suffolk County Marijuana Possession Lawyer would agree that this is a common, and little understood charge as of late. Because marijuana is now legal in 15 states for medical uses, this drug is in the media spotlight. Due to the recent changes in the law, the public is often confused as to what is legal and illegal in terms of marijuana use and possession. The truth is, the possession of a small amount of cannabis is considered to be a violation, as opposed to a crime. If you or a loved one has been charged with drug possession such as Heroin Possession, marijuana possession or Cocaine Possession, it is important to speak with our legal team to ensure that your rights are protected. If you are convicted, the consequences for these offenses can be serious and include jail time, fines and probation. Contact a skilled Suffolk County Marijuana Possession Lawyer from Stephen Bilkis & Associates, PLLC for legal advice and a free consultation.
In New York, the offense of Unlawful Possession of Marijuana is defined in New York Penal Law 221.05. This code section will apply if the amount the cannabis involved is less than 25 grams. This offense is considered a violation.
The Criminal Possession of Marijuana in the 5th degree is set forth in New York Penal Law 221.10. This code section states that a defendant will be guilty of this crime if they are in possession of marijuana that is burning, in public and in plain view. The amount of the cannabis involved must be more than 25 grams, and up to 2 ounces. This is considered to be a “B” misdemeanor offense. If the amount is over 2 ounces, up to 8 ounces, the crime is considered an “A” misdemeanor offense.
Possession with the Intent to Distribute or the Cultivation of Marijuana is committed if the defendant is in possession of up to 24 grams of cannabis, and it is for sale. This crime is an A misdemeanor. The sale of any amount of cannabis between 25 grams and 4 ounces is considered a C felony, which will bring the defendant a maximum of 4 years in prison. If the amount involved is between 4 ounces and 1 pound, the crime is classified as a D felony.
If you or a loved one has been charged with the possession and sale of marijuana, speak with our legal team right away. We can explain that there are new laws in affect for these offenses. You could qualify for a judicial diversion program (CPL Article 216). This allows the defendant to attend drug treatment classes instead of going to jail. If you are successful, your attorney may also be able to have your record sealed, or have your charges eventually dismissed/
If you have been arrested by law enforcement for possession of drugs, you know what a frightening and bewildering experience this can be. You could have been searched, read a Miranda warning and taken to the local police precinct. You were then likely booked, photographed and fingerprinted.
It is important to be aware that issues can arise regarding search and seizure during a drug related arrest. Police must have had probable cause to conduct the search. In some cases, it is necessary for law enforcement to obtain a search warrant. If you suspect there may have been an irregularity with your search and seizure and/or arrest, speak to our legal team promptly. Depending on your particular circumstances, you may be able to have your charged reduced or dismissed altogether.
Call our firm today for legal guidance and a free consultation at 1.800.NY.NY.LAW. We have offices located throughout New York to serve you including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in both Nassau County and Suffolk County on Long Island, and Westchester County.