What Defenses Work for Marijuana Possession Charges in New York?
What Defenses Work for Marijuana Possession Charges in New York?
Dealing with a marijuana possession charge in New York can be scary and confusing. But there are a few potential defenses that can help fight the charges. This article explores some of the most common and effective defense strategies.
One of the most common defenses for marijuana possession is challenging the validity of the search that led to your arrest. The 4th Amendment protects against unreasonable searches and seizures, so if the police didn’t have probable cause or a warrant to search you, the evidence could get thrown out.
Some common invalid search arguments include:
- The police stopped you without reasonable suspicion you committed a crime(https://www.reddit.com/r/legaladvice/comments/9mhaxb/pulled_over_and_searched_in_new_york_found_a/)
- The police arrested you only based on the smell of marijuana, which is not enough evidence alone(https://www.avvo.com/legal-answers/can-police-really-search-your-car-over-smelling-m-4623974.html)
- The search went beyond what was authorized by the search warrant(https://www.quora.com/Can-a-small-amount-of-marijuana-lead-to-jail-time)
Lack of Knowledge
You can also argue you didn’t knowingly possess the marijuana. For example, it was left in your car by someone else or mixed in with your other belongings. While this isn’t a guaranteed defense, it could raise enough doubt to avoid conviction. (https://www.findlaw.com/state/new-york-law/new-york-marijuana-laws.html)
If you have a medical condition that marijuana helps treat, you may be able to raise a medical necessity defense. You’ll need documentation from your doctor explaining your health condition and why marijuana is medically needed. This likely won’t get the charges fully dismissed but could help reduce penalties. (https://www.lawinfo.com/resources/criminal-defense/new-york/can-i-use-a-medical-marijuana-defense-in-new-yor.html)
In rare cases, you may have an entrapment defense if the police coerced or improperly induced you into committing a marijuana offense you otherwise wouldn’t have. This is very difficult to prove though. (https://www.reddit.com/r/legaladvice/comments/fgpvcv/ny_i_was_coerced_by_the_police_into_buying_weed/)
Statute of Limitations
If your marijuana possession offense happened more than 2 years ago, the statute of limitations may have expired. This means it’s too late for the state to prosecute you. (https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sec-30-10.html)
The prosecution has the burden of proving every element of a marijuana possession charge beyond a reasonable doubt. If the evidence is weak—for example, the police didn’t recover much marijuana or there’s no proof it belonged to you—you could potentially beat the charge. (https://www.avvo.com/legal-guides/ugc/lack-of-evidence-is-a-criminal-defense)
New York has diversion programs that allow first-time offenders to avoid conviction through drug education classes, community service, rehab or other requirements. These programs result in dismissal of charges upon completion. (https://www.findlaw.com/state/new-york-law/new-york-marijuana-possession-laws.html)
While trying to fight marijuana possession charges on your own can be challenging, an experienced New York criminal defense lawyer can assess the details of your case and build the strongest defense. They know how to effectively argue suppression motions, negotiate with prosecutors, and challenge inconsistencies in police testimony. This greatly improves your chances of an acquittal or getting charges reduced or dismissed.
Finding the Right Lawyer
When looking for a lawyer to defend marijuana possession charges, there are a few key things to consider:
Look for an attorney who specializes in marijuana and drug crime defense. They will have extensive knowledge of New York’s marijuana laws and defense strategies specific to possession cases. (https://www.avvo.com/find-a-lawyer)
Check out lawyers’ case results and client reviews to gauge their success fighting marijuana charges. Have they gotten charges dismissed or reduced to violations? Do clients praise their courtroom skills? This helps determine who will best defend your rights. (https://www.avvo.com/marijuana-lawyer/ny.html)
The right lawyer should offer flexible payment plans and options like payment over time. Top drug defense lawyers can have high hourly rates, so make sure the costs and fees align with your budget. (https://www.reddit.com/r/legaladvice/comments/fgpvcv/ny_i_was_coerced_by_the_police_into_buying_weed/)
Look for a lawyer familiar with prosecutors and judges in the jurisdiction where your case is pending. Local experience and relationships can really pay off when negotiating or litigating marijuana cases. (https://www.quora.com/How-much-trouble-can-you-actually-get-in-for-smoking-marijuana-in-New-York-City-in-2022-I-always-see-people-smoking-out-in-the-open-but-how-much-do-the-police-actually-care-Is-it-just-a-ticket-or)
What Penalties Are Possible?
Potential penalties for marijuana possession in New York depend on your criminal record, the amount possessed, and other case specifics. Some possible penalties include:
- Up to 1 year in jail and $1,000 fine for first offense(https://codes.findlaw.com/ny/penal-law/pen-sect-221-10.html)
- Up to 1 year in jail and $5,000 fine for subsequent offenses(https://codes.findlaw.com/ny/penal-law/pen-sect-221-10.html)
- Up to 15 years prison and $15,000 fine for possessing 10+ pounds(https://codes.findlaw.com/ny/penal-law/pen-sect-221-20.html)
- Civil fines up to $100(https://www.findlaw.com/state/new-york-law/new-york-marijuana-possession-laws.html)
Because penalties can be severe, building an aggressive legal defense is critical. An experienced New York marijuana defense lawyer can often get charges reduced or even dismissed. They can also help minimize fines and sentences if you are convicted.
With sound legal advice and advocacy, many people avoid jail for minor marijuana possession offenses in New York.
Finding Legal Help
If you or a loved one face marijuana possession charges in New York, don’t go through it alone. Connect with a skilled drug crimes lawyer to protect your rights and future. They can evaluate your case details and options for beating the charges or minimizing penalties.
Use the following links to consult with top-rated New York marijuana defense attorneys offering case reviews and legal help:
- New York Marijuana Defense Lawyers
- Marijuana Possession Defense Attorney Consultations
- New York Drug Crime Defense Law Firms
Don’t leave your fate to chance. Act now to build the strongest possible defense for your marijuana possession charges. An experienced lawyer can make all the difference in avoiding conviction and getting back to your normal life.