If in case you have slightly bag of marijuana in your automobile and also you’re pulled over, you could possibly face drug costs. Cops are solely human, they usually could make errors throughout search and seizure that solid doubt on the proof towards you.
We are going to study the circumstances and the proof to find out if the officer had possible trigger to cease you. We can even search for errors within the chain of custody.
First Offense
Though many states have decriminalized marijuana and even legalized it, federal regulation nonetheless classifies it as a drug and carries jail time as a punishment. Relying on the quantity and different elements, it’s possible you’ll face misdemeanor or felony costs for possession of marijuana. Our Rockland County protection lawyer will enable you to perceive the fees and can work to get them dismissed or diminished.
A talented protection lawyer could make the distinction in your case, whether or not it’s a felony or misdemeanor. Your first step is to say your proper to have an lawyer current throughout a pat-down or search. If police fail to comply with correct procedures or lack cheap suspicion or possible trigger, your marijuana possession costs may very well be dropped.
A seasoned protection lawyer also can problem proof that regulation enforcement officers have used to arrest you. This contains analyzing how they decided the placement of the medication and that you just truly had them in your fingers. Precise bodily possession is totally different than constructive possession, which entails the overall neighborhood of the drug or its means to be accessed by you (aka dominion and management).
Second Offense
If it’s your second offense or extra, an excellent lawyer might enable you to get the fees towards you diminished. For instance, a protection lawyer might enable you to qualify for drug courtroom, which permits an individual to get their costs dismissed after they efficiently full all the necessities of this system.
It is usually essential to seek the advice of with an skilled legal lawyer as quickly as you be taught that there’s a police investigation or that you just’re being arrested. This ensures that your rights are protected, that plea discussions stay favorable, and it might even end result within the case towards you being dropped altogether.
A certified lawyer might additionally enable you to with Fourth Modification search and seizure arguments. For example, a lawyer might argue that the officer didn’t have possible trigger to conduct a search and seizure. They may additionally evaluate the proof to find out if it’s robust sufficient to convict you of the crime. As well as, they may problem the quantity of marijuana alleged to have been in your possession and whether or not you had intent to distribute it or not.
Third Offense
Though many cities and states have decriminalized petty marijuana offenses, New York retains a strict coverage on possession. A conviction can result in jail time and hefty fines. An skilled New York drug crime lawyer can evaluate your case and decide the very best protection choices in your scenario.
An individual might also be charged with possession with intent to distribute if they’re discovered with greater than 50 kilos of marijuana or the equal in edibles. This cost is a Class D felony. Defendants who’re caught in possession of marijuana with the intent to distribute inside 1,000 ft of a faculty might resist 5 years in jail.
When confronted by law enforcement officials, stay calm and be well mannered. You will need to keep in mind and write down all the data that’s given to you by the officer. The smallest particulars might assist your protection in a while. Do not forget that the police have a job to do and they don’t seem to be out to break your life.
Fourth Offense
In case you are arrested for marijuana possession for the fourth time, it’s thought-about a state jail felony. You’ll be able to face a most of 1 yr in jail, lose your driver’s license and be fined tons of of {dollars}. A conviction will go in your report and affect job alternatives, college loans or scholarships and public help purposes.
You will need to rent an skilled New York marijuana possession lawyer instantly in case you are charged. As a former prosecutor, Jason Volet understands how prosecutors strategy drug circumstances and makes use of this perception for the good thing about his shoppers. In lots of circumstances, he is ready to get costs dropped or dismissed fully. He also can enable you to apply for Pretrial Intervention to keep away from a conviction. He’ll totally study the small print of your case and use defenses comparable to illegal search and seizure, proof that you weren’t in precise possession of the marijuana, entrapment, psychological illness / defect and others.
Originally posted 2023-07-27 01:30:27.