Marijuana-Related Charges in New York
If you have been charged with a marijuana-related charge, you may be scared or confused. Although, New York state has legalized marijuana, there are still charges that may get you into trouble if you use it in the wrong circumstances. Here are some marijuana-related charges that an attorney can defend you for.
Arrested for Public Use of Marijuana
If you – either alone or with another individual – were smoking a joint while walking down a street or alleyway in the state of New York and have been charged with possession of marijuana, you may be entitled to an adjournment in contemplation of dismissal. New York has legalized marijuana – but only for those who have a legalization card allowing them to possess marijuana because of a specific medical condition. For the rest of us, it’s still an offense under the law. You can be charged with either 221.05 or 221.10 of the Penal Law and criminal possession of marijuana
Obtaining an ACD for a Marijuana Conviction
If you’re arrested for possession of marijuana in the state of New York, you face a decriminalized violation and may be entitled to an adjournment and contemplation of dismissal (referred to as an ACD or an ACOD). In certain circumstances however, such as if you have a prior ACD or ACOD, you may not be eligible.
Driving While Ability Impaired by Marijuana
In the state of New York, you can be charged with driving while impaired by drugs if the police were under the impression that you smoked marijuana prior to operating a motor vehicle. Those cases are somewhat difficult for the police to prove, and they ordinarily try to elicit a confession by asking if you were smoking marijuana. In certain instances, the police indicate on their reports that they smelled marijuana, but it is important to remember that smell might have come from another person or it may have been in the car before you got into it. Cases involving charges of driving while ability impaired because of marijuana are quite interesting. They’re quite difficult and quite challenging – not only for the prosecutor, but also for your attorney.
If any of these circumstances pertain to your case, contact our team. Carl Spector is an experienced attorney in the New York City area who will fight for your justice.