New York City Criminal Defense Attorney - Marijuana Possession Cases
(P.L. 221.10, 221.05)
Of all the criminal laws in New York, those that punish marijuana use may
be the most out of touch with popular sentiment. Unfortunately, regardless
decriminalization efforts, it is still illegal to possess any amount of
marijuana. This applies even to responsible citizens who merely keep some
marijuana for personal use.
The Arrest. Being arrested can be confusing, shocking, embarrassing, and physically
unpleasant. The arresting officer might have been in uniform or in plain
clothing. Initially, you may have been searched and handcuffed without
having been read your Miranda rights or told what you've been charged
with. During the booking process you may have been denied access to a
phone to call a lawyer or loved ones. Next, you may have been photographed,
fingerprinted, and given an appearance ticket, still without having been
able to voice your side of the story or gather very much information about
what will happen in court.
Post Arrest. Following arrest, you may lose your job, suffer suspension of a professional
license, experience immigration or international travel problems, and
face other immediate hardships
before ever setting foot in a courtroom. This is not to mention the emotional
turmoil that a criminal accusation can bring. A jail sentence is still
a permissible punishment upon conviction for possessing even a small amount
of marijuana and even if it's your first arrest. Even if jail is not
being threatened, a marijuana conviction may endanger employment prospects,
immigration status, or could even lead to denial of certain governmental
benefits or licenses. With so much at stake, be sure to consult with a
competent New York City Criminal Defense Attorney before going to court.
Call 212-619-3900 for a Evaluation initial consultation.
What does it mean to be charged with “marijuana possession”
in New York City?
Possession of small amounts of marijuana may result in being charged under
P.L. § 221.10 if the marijuana is open to public view or P.L. §
221.05 if the marijuana possession is not open to public view.
P.L. § 221.05 - Unlawful Possession of Marihuana
A person is guilty of unlawful possession of marihuana when he knowingly
and unlawfully possesses marihuana
P.L. § 221.10 - Criminal Possession of Marihuana in the 5th Degree
A person is guilty of criminal possession of marihuana in the fifth degree
when he knowingly and unlawfully possesses: marihuana in a public place,
as defined in section 240.00 of this chapter, and such marihuana is burning
or open to public view; or one or more preparations, compounds, mixtures
or substances containing marihuana and the preparations, compounds, mixtures
or substances are of an aggregate weight of more than twenty-five grams.
What will happen in court?
The first court date is designed for you and your attorney to appear and
be informed about the nature of the charges, given additional paperwork,
and possibly enter a plea. If your case is not resolved, you will be given
another court date. New York City Criminal Defense Attorney Lance Fletcher
has handled numerous criminal court arraignments and is prepared successfully
handle your arraignment.
How is possession proved?
The prosecution may argue that you're in possession if you are seen
smoking it or if you are otherwise in physical possession. Even if you
were not in physical possession, the prosecution may argue that you were
in constructive possession of the marijuana. Different defenses apply
to different theories of possession, so the facts that establish how you
were alleged to be in possession can become very important to mounting
a successful defense. If the marijuana is found in your bag, car, or home,
the prosecution will argue dominion or control which is a legal, permissible
argument. Possession because of dominion or control is the same argument
that you possess a TV even without physically holding it.
What can a New York City Criminal Defense Lawyer do to defend a marijuana
possession charge?
A lot. At the Law Office of Lance Fletcher, you will receive help and guidance
from someone who knows the law. The law provides you with numerous important
rights that can greatly affect the outcome of your case. First, there
is a question of whether the police properly searched you or your car.
Second, the prosecutor has to establish that you were in knowing possession.
Generally, you aren't criminally liable for possessing something that
you had no idea that you had. Next, there are the factual aspects of your
case that vary from case to case. If marijuana was recovered from an area
where other people were present (under a couch, on the floor of a car,
on a dirty sidewalk), there will be questions about how many people had
access to that common area and whether the marijuana could belong to someone
else. In New York, you also have the right to prosecution by information
which governs the evidence that can be properly admitted against you.
You have many other rights which create ways to successfully defend your
case. New York City Criminal Defense Lawyer Lance Fletcher can cast doubt
on whether you were in knowing possession, challenge the legality of something
that the police did, and enforce your rights to fullest extent of the law.
What are the differences between getting a summons versus a desk appearance
ticket, both that charge possession of marijuana (221.10 and / or 221.05)?
A desk appearance ticket signals the start of a prosecution by the District
Attorney's Office whereas a summons is prosecuted by the court. In
either situation, you face the same possible punishment and you have substantially
the same rights. It's wise to consult an attorney in either situation.
What penalties are there for possessing a small amount of marijuana if
it's the first time I've been arrested?
If you're convicted of possessing less than 2 ounces of marijuana in
New York City, you face punishment under a class B misdemeanor as set
forth below but the proper charge also depends on the theory of the possession.It's important to retain legal representation because you may be able
to avoid a conviction or dramatically minimize these penalties especially
if it is your first time being arrested. See our marijuana case results below.
Call 212-619-3900 for a Evaluation and confidential consultation.
MARIJUANA RELATED CHARGES AND PENALTIES:
|
Charge
|
Penalty
|
ANY WEIGHT
|
|
P.L. § 221.05 - Unlawful Possession of Marihuana (Violation)
A person is guilty of unlawful possession of marihuana when he knowingly
and unlawfully possesses marihuana
|
- Jail - up to 15 days
- Supervised probation
- Fines
- Marijuana related record
- Immigration consequences
- Enhanced penalties for subsequent offenses
|
 |
|
P.L. § 221.10 - Criminal Possession of Marihuana in the 5th Degree
(Misdemeanor)
A person is guilty of criminal possession of marihuana in the fifth degree
when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this chapter,
and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances containing
marihuana and the preparations, compounds, mixtures or substances are
of an aggregate weight of more than twenty-five grams.
|
- Jail - up to 90 days
- Probation – three years
- A combination of jail and probation
- Fines
- Drivers License Suspension (6 months)
- Permanent criminal record
- Immigration Consequences
- International travel problems
- Conditional discharge
- Unconditional discharge
|
 |
MORE THAN 2 OUNCES
|
|
P.L. § 221.15 - Unlawful Possession of Marihuana in the 4th Degree
(Misdemeanor)
A person is guilty of criminal possession of marihuana in the fourth degree
when he knowingly and unlawfully possesses one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than two ounces.
|
- Jail - up to 1 year
- Intermittent imprisonment
- A combination of jail and probation
- Probation for 3 years
- Interim probation supervision
- Driver’s license suspension
- Conditional discharge
- Unconditional discharge
- Fines
- Permanent criminal record
- Immigration consequences
- International travel consequences
|
 |
MORE THAN 16 OUNCES
|
|
P.L. § 221.25 - Criminal Possession of Marihuana in the 2nd Degree (Felony)
A person is guilty of criminal possession of marihuana in the second degree
when he knowingly and unlawfully possesses one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than sixteen ounces.
|
- Jail - up to 2.5 years plus post-release supervision
- Shock (boot camp type program)
- Intermittent imprisonment
- A combination of jail and probation
- Probation for 5 years
- Interim probation supervision
- Driver’s license suspension
- Conditional discharge
- Unconditional discharge
- Fines
- Immigration consequences
- International travel consequences
|
 |
MORE THAN 10 POUNDS
|
|
P.L. 221.30 - Criminal Possession of Marihuana in the 1st Degree (Felony)
A person is guilty of criminal possession of marihuana in the first degree
when he knowingly and unlawfully possesses one or more preparations, compounds,
mixtures or substances containing marihuana and the preparations, compounds,
mixtures or substances are of an aggregate weight of more than ten pounds.
|
- Jail - up to 5.5 years plus post-release supervision
- Shock (boot camp type program)
- Intermittent imprisonment
- A combination of jail and probation
- Probation for 5 years
- Interim probation supervision
- Driver’s license suspension
- Conditional discharge
- Unconditional discharge
- Fines
- Immigration consequences
- International travel consequences
|
A SMALL SAMPLE OF MR. FLETCHER'S RECENT MARIJUANA CASE RESULTS
Reference #222 - Manhattan, NY - Client, an out of state college student, was charged with P.L. 221.1,
221.05 - Undercover police saw client purchase marijuana in Washington
Square Park from a dealer who was also arrested - Client admitted having it -
Result: All charges dismissed and sealed, fingerprint card & arrest photo
destroyed, arrest record sealed, no fines, no probation, no community
service, no court ordered drug treatment.
Reference #191 - Manhattan, NY - Client, a licenses professional, was a passenger in a car when police
approached. A different passenger had some marijuana but my client was
also arrested and charged under P.L. 221.10 and 221.05.
Result: All charges dismissed and sealed, fingerprint card & arrest photo
destroyed, arrest record sealed, no fines, no probation, no community
service, no court ordered drug treatment.
Reference #171 - Bainbridge, NY - Clients were riding in a car stopped by NYS Police on an interstate
highway. Marijuana was recovered from inside the car and all occupants
were arrested under P.L. 221.05.Result: All charges dismissed and sealed, fingerprint card & arrest photo
destroyed, arrest record sealed, no fines, no probation, no community
service, no court ordered drug treatment and clients excused from ever
appearing in court.
Reference #152 - Brooklyn, NY - Clients were sitting in an illegally parked car. The windows were up
and the car was full of smoke. All occupants in the car were arrested
under P.L. 221.10 and 221.05 after marijuana was detected and recovered
by the police.
Result: All charges dismissed, fingerprint card & arrest photo destroyed,
arrest record sealed, no fines, no probation, no community service, no
court ordered drug treatment.
Reference #236 - Queens, NY - Client was seen smoking a marijuana cigarette on a sidewalk and subsequently
arrested under P.L. 221.10. Client in the process of applying for a Green Card.
Result: All charges dismissed, fingerprint card & arrest photo destroyed,
arrest record sealed, no fines, no probation, no community service, no
court ordered drug treatment, no immigration consequences.
Reference #223 - Kings, NY - Client, a minister and college student was arrested under section 221.10
and 221.05 for smoking marijuana outside.
Result: All charges dismissed, fingerprint card & arrest photo destroyed,
arrest record sealed, no fines, no probation, no community service, no
court ordered drug treatment, no educational / federal student loan consequences.
Reference #327 - The Bronx, NY - Client, a teacher, was arrested under P.L. 221.10 and 221.05 because
another passenger in his car was smoking marijuana. He was suspended from
work immediately pending the outcome of the case.
Result: After discussions with the District Attorney, all charges dropped, fingerprint
card & arrest photo destroyed, arrest record sealed, client was able
to resume work.
Reference #97 - Manhattan, NY - Client, working in the defense industry and possessing a security clearance,
was arrested under P.L. 221.10 for smoking a marijuana cigarette during
a concert at Madison Square Garden.Result: After discussions with the District Attorney, all charges dropped, fingerprint
card & arrest photo destroyed, arrest record sealed, client was able
to resume work.
Reference #155 - Manhattan, NY - Client was charged under P.L. 221.10 with possessing a small amount
of marijuana. It was not client's first arrest.
Result: All charges dismissed, fingerprint card & arrest photo destroyed,
arrest record sealed, no fines, no probation, no community service, no
court ordered drug treatment, no educational / federal student loan consequences.
Whether your case has started with a desk appearance ticket or a formal
arrest, you may feel, that you have limited options. Don't just rely
on the fact that “it's just marijuana.” Protect your rights
by calling (212) 619-3900 for a Evaluation and confidential consultation.
You may be eligible for special treatment if it is your first offense.
An arrest for marijuana possession signals the start of a criminal prosecution.
Seek immediate help from New York City Marijuana Defense Attorney Lance Fletcher.