HELP!

I'm a 17 year old New York resident who recently got charged with Unlawful Possession of Marijuana (~7 grams). The cops didn't notify my parents so I am going to court without them or a lawyer. First of all, a 17 year-old can go to court without a parent, right? Secondly, I read on norml.org that possession of 25g or less in New York is punishable by only a $100 fine. Is this true for me even though I am only 17? Finally how should I talk to the judge? I would like to take the fine (or case dropped:)). Worst case scenario would be drug testing/rehab. How should I play this?

I would advise you to speak with an attorney, though I do believe you do just get a fine in NY (for the first 3 times). I am not sure if this fine goes on your record when you apply for a job though, if it does that's BAD, if it doesn't then I'd just suck it up and pay the 100 bucks.

Quote:

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§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.

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The most you will get is the $100 fine. No probation and probably no drug classes or tests or anything like that. Most likely you will be given an Adjudicated Conditional Discharge (ACD) which means if you don't get arrested again for 6 months or maybe a year, the charge gets thrown out and wiped from your record. Lucky for you, possession of marijuana in New York is no worse than a speeding ticket. The fact that you're only 17 makes it more likely that you will get an ACD. Whether you need your parents there or not is up to the judge, so I would call the court clerk's office and ask since it varies from court to court.

When you talk to the judge, be as respectful as possible and act like you made a stupid mistake that won't happen again. Also, make sure you dress up for your court appearance. I wouldn't sweat it too much since you're only facing a maximum $100 fine. Good luck and I hope your more careful about smoking from now on.

my tips:

*be white. its pretty obvious whites get rehab and blacks get prison. (no racism intended, just a truth....unfortunately)
*dress up. look nice. it works.
*be prepaired and knowledgeable.
*dont make excuses/argue...offer an explanation.

generally what you want to convey is that you made a mistake, are very very very sorry, learned your lesson and will never smoke pot again (cause drugs are bad mmkay ^.^)....it also helps if you dont have a record.

Quote:

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Originally Posted by boston420

The most you will get is the $100 fine. No probation and probably no drug classes or tests or anything like that. Most likely you will be given an Adjudicated Conditional Discharge (ACD) which means if you don't get arrested again for 6 months or maybe a year, the charge gets thrown out and wiped from your record. Lucky for you, possession of marijuana in New York is no worse than a speeding ticket. The fact that you're only 17 makes it more likely that you will get an ACD. Whether you need your parents there or not is up to the judge, so I would call the court clerk's office and ask since it varies from court to court.

When you talk to the judge, be as respectful as possible and act like you made a stupid mistake that won't happen again. Also, make sure you dress up for your court appearance. I wouldn't sweat it too much since you're only facing a maximum $100 fine. Good luck and I hope your more careful about smoking from now on.

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Thanks a lot for your help. I've already had one ACD (for trespassing) that expired in December. Am I eligible for another or is it a one time thing (forgot what the judge said)?

Quote:

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Originally Posted by Amun

my tips:

*be white. its pretty obvious whites get rehab and blacks get prison. (no racism intended, just a truth....unfortunately)
*dress up. look nice. it works.
*be prepaired and knowledgeable.
*dont make excuses/argue...offer an explanation.

generally what you want to convey is that you made a mistake, are very very very sorry, learned your lesson and will never smoke pot again (cause drugs are bad mmkay ^.^)....it also helps if you dont have a record.

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An explanation is an excuse... You go in, you know you did wrong, and you learned a lesson from it. You didn't realize before that it was serious. You want to rethink your life and not be trouble for the authorities...

Make sure you get the point across that you are "good" and that the law is NOT out to get you. You got caught, and you're 17 so if anything that happens. It shouldn't follow because you're wiped at 18 anyway. In Cali anyway. But you got Dems in office in NY as well so you should be ok. 1/4 isn't much to get caught with, tell em its personal use and you just started purchasing, also, watch how much information you offer, be very to the point when answering questions... DON't LIE. Plead guilty and get the foook outta there. Don't get caught man. hehe.

your gonna want to hear what the prosecuter wants to punish you with before you plead guilty or not guilty. if it is really harsh plead not guilty and go back for trial with a lawyer, they can't make the punishment harsher for exercising a right.

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Thanks a lot for your help. I've already had one ACD (for trespassing) that expired in December. Am I eligible for another or is it a one time thing (forgot what the judge said)?

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There isn't a law that says you can only get an ACD once. It's completely up to the judge. My brother had an ACD for disorderly conduct and was then arrested for drunk driving while still under that ACD. He pled guilty to DWAI Alcohol and was given another ACD for that conviction. He didn't even lose the first ACD. Even if you don't get an ACD for this charge, it's a violation so it's not considered a criminal offense, the same way speeding isn't a criminal charge. That means if you're asked on a job application or something if you've been convicted of a crime, you can say no.