UNLAWFUL POSSESSION OF MARIJUANA (UPM)

New York State Penal Law §221.05, unlawful possession of marihuana, makes it a violation to possess a small amount of marihuana.  The amount may be the actual drug itself, the marihuana residue in a pipe or the remnants of marijuana cigarette (joint).

Typically defendants are arrested and charged with UPM after law enforcement has stopped the person, questioned the person, and discovers a small amount of marihuana. The marihuana may also be found in the ashtray of the defendant’s car after a traffic stop.

PENALTIES

UPM is only a violation level offense that carries a maximum fines of  $100.00 plus a surcharge.

HOWEVER, the biggest penalties for a UPM conviction is a record is created that may require you to disclose the conviction to present and future employers, including state agencies.

A UPM conviction may also prohibit your ability to obtain Financial Aid for College. (Once you complete a certified drug rehabilitation you may regain eligibility. More informatoin regarding Federal Student Aid can be found on their website studentaid.gov.

FIGHT THE CHARGE

Given these implications you need to fight the charges. An experienced Drug Possession Lawyer can fight the case by suppressing evidence, or find issues with the paperwork and prosecution of the UPM. At the very least, an experienced lawyer will able to negotiate a favorable plea agreement on your behalf.

Hire an attorney to file a motion to dismiss the charge (ACD).  Under the Criminal Procedure Law, there is a section entitled “Adjournment in contemplation of dismissal in cases involving marihuana.”  The section sets forth very specific requirements that an attorney can review with you.  The most important requirements include having never really been in trouble before, and having no other charges pending.  There are very specific arguments to be made on a case by case analysis. Hiring an attorney to file an ACOD motion is generally inexpensive and the cost can range from $400 to $1000, depending on the circumstances of your case.

WE CAN HELP

One Statute we utlilize for our clients is called an Adjournment in Contemplation of Dismissal or “ACD”. Under this Statute, we can make a motion to the Court and the Prosecution to have the charges dismissed,  under certain circumstances. Even if this option is not applicable Attorney Chris Brown has succesfully negotiated more dismissal of the charges.

Chris Brown will appear in Court with you from Day 1 and guide you through the Court Processes.

THESE CHARGES CAN BE BEAT

Located in Binghamton