Arrested for Marijuana Possession in Queens? Don’t Take the Rap Alone

Arrested for Marijuana Possession in Queens? Don’t Take the Rap Alone

Hey there, my friend. Getting arrested is scary stuff. Believe me, I know. I got popped for a little weed back in the day too. Not fun. But don’t worry – you’re not alone in this. Lots of good folks get hauled in for small amounts of pot these days. The laws are changing, but sometimes the system moves real slow to catch up.

Anyhow, sorry to hear you got collared, but glad you’re reaching out for help. This article will give you a quick rundown of what to expect and how to handle it. I’m just a regular Joe who went through it himself, not a lawyer, so take my advice with a grain of salt. But I’ll try to point you in the right direction.

The Charges

In New York State, marijuana possession is still illegal outside of medical use. The charges depend on how much you had on you when you got popped. Here’s a quick breakdown:

• 25 grams or less – Misdemeanor charge of Criminal Possession of Marijuana in the 5th Degree
• More than 25 grams – Felony charge, penalties get worse as weight goes up

They’ll also ding you if you had any paraphernalia like rolling papers, pipes, baggies, etc. Sadly, under 25 grams can still get you arrested in NYC, even though the NYPD says they’ll just give you a ticket [1]. But you know how it goes with the fuzz.

The Arrest

The arrest itself ain’t too bad. They’ll search you, confiscate any weed and paraphernalia, take your fingerprints and mugshot. Try to stay calm and don’t give them any attitude, as hard as it is. Just “yes sir, no sir” – makes it smoother for everyone. Before you know it, you’ll be out waiting for your court date.

Getting Out

Now here’s the tricky part – getting released. If it’s your first offense, you’ll probably get let out on your own recognizance until your court date. But you may need to post bail, especially if you have a record. Bail can be anywhere from $500 to a few grand. Ouch, I know. Ask your family and friends to pool some cash and get you out quick. The longer you’re in, the more it disrupts your life.

If you can’t make bail, see if you qualify for a public defender. They can often get your bail reduced or get you out on other conditions like probation. Bottom line – start working on your release ASAP, don’t just sit around in a cell. The courts are backed up, so your case could take months to resolve.

Getting a Lawyer

Speaking of lawyers, start looking for one now. The public defenders are slammed with cases, so you need someone who can focus on you. Google “marijuana defense attorneys in Queens” and call around. Many offer free consultations. Look for someone experienced but affordable. This shouldn’t break the bank since it’s a minor possession charge.

A good lawyer knows the judges and DAs and can work out a decent plea deal for you. They’ll look for flaws in the arrest, argue to get evidence thrown out, etc. Don’t try to represent yourself, the legal system is too tricky to navigate alone. A lawyer is your best shot at avoiding jail time and getting the charges reduced or dismissed.

Possible Outcomes

So what kind of punishment are we talking here? A lot depends on the judge and your lawyer’s negotiations with the DA. But here’s some possibilities:

• ACOD – Adjournment in Contemplation of Dismissal. Case dismissed after 6-12 months if you stay out of trouble.
• Diversion – Similar to ACOD but requires a drug education class or community service.
• Fine – Around $100 for small possession, up to $1000 for larger amounts or repeat offenses.
• Probation – Light supervision, avoid re-arrest for 1-3 years.
• Jail – Unlikely for minor possession charges, but possible for repeat offenders.

Your record will still show the arrest, but the charges are dismissed and sealed after adjournment or diversion. Fines suck but better than jail time. Don’t stress too much, first-timers rarely see the inside of a cell for small weed busts.

Diversion Programs

Speaking of diversion, this is a great option if you qualify. Many states offer pretrial diversion for minor drug offenses. You enter a program – usually some kind of drug education class – and if completed, the charges are dropped. Look into the Brooklyn Misdemeanor Treatment Court [2] or other options.

Diversion is better than leaving court with a criminal record. It shows you’re committed to getting educated and avoiding this in the future. Completion can be a pain, with classes and drug tests for 6-12 months, but worth it long run.

Should I Take a Plea Deal?

If diversion isn’t on the table, your lawyer will try to negotiate a good plea deal. Often the DA will reduce the charges in exchange for a guilty plea. This avoids the time and expense of a trial. While it’s tempting to fight the charges, pleas are common for minor possession.

Talk it over with your lawyer, but pleas that keep you out of jail are often wise. The evidence is usually solid in drug cases, so your chances at trial are iffy. And you don’t want to risk harsher sentences from the judge if convicted. Weigh your options carefully before refusing a deal.

What About Convictions on Your Record?

I won’t lie, getting convicted sucks, even for marijuana possession. It can hurt job prospects, education opportunities, loans, housing, and more. But don’t panic. Plenty of folks get through it and move on with life. Here’s a few tips:

• If eligible, get the conviction sealed or expunged. This limits access to your records.
• Be honest if asked about criminal history, but emphasize it was minor possession and you’ve learned from it.
• Highlight your qualifications, skills, and determination to build a career despite the conviction.
• Consider working with groups that help ex-offenders reintegrate into society.

It may take longer to reach your goals, but it’s still possible. Stay focused on the future and the right doors will open eventually. A little weed charge doesn’t have to ruin your life.

What’s Next for Weed Laws

While we’re on the topic, let’s talk about the future of marijuana laws. The political winds are shifting when it comes to pot. Over a dozen states have legalized recreational use, and more are considering it [3]. Even federal policy could change, with recent efforts to decriminalize possession [4].

Doesn’t help your current situation, but the point is weed won’t be criminal for long. Even in NYC, they’ve stopped arresting for small possession in some boroughs [5]. Change is coming, just too slowly for folks like you caught in the transition. Don’t lose hope though, this fight is bigger than just one bust in Queens.

Parting Advice

Let me wrap this up with some quick tips:

• Stay calm, be polite, don’t resist. It’ll go smoother.
• Get released ASAP. Call everyone who can post bail.
• Hire a lawyer experienced with drug charges.
• Consider diversion programs to avoid conviction.
• Weigh plea deals carefully. Avoid trial if possible.
• Seal records if convicted when eligible.
• Don’t let a small possession charge ruin your goals.

And don’t use weed illegally until it’s legal! Ain’t worth another arrest. In the meantime, know that public attitudes are shifting. We’ll get there, just hang in a few more years. Stay strong, take care of business, and this will all be behind you before you know it.

Your friend,
Ray

References

[1] NYPD Patrol Guide
[2] Brooklyn Misdemeanor Treatment Court
[3] Rolling Stone article
[4] DEA press release
[5] New York Daily News article