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Nassau County Marijuana Possession

You should never assume that a marijuana possession charge is one that is minor and doesn't require the insight of an experienced criminal defender. If you were in any way connected to a drug transaction or caught with drugs and have been charged with marijuana possession in New York, it is in your best interests to find an attorney who understands these laws and can help to gather the appropriate evidence and draft a defense strategy to assist you. Even a small amount of any type of illegal drug including marijuana can lead to a misdemeanor or felony conviction if you are accused of possessing it with the intent to sell.

The definition of selling drugs in New York can include sharing substances with someone else or giving substances to someone else. Your criminal defense attorney in New York should have the underlying goal of helping you avoid jail time and a conviction through a plea, dismissal or by taking your case to trial. Furthermore, the right lawyer should evaluate your eligibility for drug court in order to keep convictions for drug position or dealing drugs off your record.

Common Defenses to Drug Possession Charges in New York

It is difficult and intimidating to assert your rights when a police officer is asking you questions in person. However, if your rights were violated, your Nassau County drug possession defense attorney can help you use this situation to limit the punishment or beat the charges. There are several different questions that should be considered in the process of fighting a drug possession charge. These include:

  • Did you give consent to the search?
  • Did an officer have a good reason to search your car or your belongings?
  • Were you read your Miranda Rights?
  • If the drugs were not found on your person, why the police think that they belong to you?

Talking things through with an attorney shortly after an arrest is vital.

What Does it Mean to say That Marijuana is Decriminalized in NY?

Marijuana in small amounts has been decriminalized. If you are found to be in possession of less than 25 gm on a first-time situation or second time offense, you could be charged with a violation. This means that you will still be expected to appear in court but it is not classified as a crime.

If you are found in possession of 25 gm or less, however, and have two priors on your record or you are caught burning it in public view with any amount of the drug, you can be charged with a class B misdemeanor crime. You may also be charged with this misdemeanor offense if you have more than 35 gm but less than 2 oz. This class B misdemeanor offense possession charge in New York can be punished via monetary fines up to three months in jail and probation.

If you have more than 2 oz. but less than 8 oz. of marijuana, an A misdemeanor charge may apply. It's a stressful experience to be accused of drug possession because of the stiff consequences associated with a conviction. Identifying someone who has a background in practicing this type of law can be a major benefit to anyone who has been accused. Whether you're looking at other drug possession charges or strictly marijuana possession, you need a New York criminal defense attorney who will take your case under advisement immediately.

The penalties increase as the amount of marijuana involved increases as well. If there is a large amount of marijuana found on your person or in your vehicle, the district attorney may be more likely to charge you with possession with intent to distribute. If you have less than 24 grams and it appears to be for sale, this is usually categorized as an A misdemeanor.

However, if you have more than 25 gm but less than 4 oz., this is a C felony which could carry a prison term of up to 4 years. A D felony may apply if you have more than 4 ounces and less than a pound. These cases are extremely difficult to defend if you do not have a Nassau County drug possession defense attorney with a track record of considering client's needs.

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