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Mar 21, 2024
Nassau County Marijuana Possession Defense Lawyer
Getting arrested for marijuana possession can be scary. Even a minor charge can have huge consequences that follow you for life.
But having an experienced Nassau County marijuana defense lawyer on your side can make all the difference.
Understanding Marijuana Possession Laws in Nassau County
This guide will walk you through everything you need to know about marijuana possession charges in Nassau County, NY. We’ll cover the specific laws, typical penalties, and most importantly – your defense options.
My goal is to empower you with knowledge so you can make the best decisions if you’re facing charges.
Marijuana Possession Laws in Nassau County
In New York, marijuana possession is illegal – both recreational and medical use. The main laws that apply are:
Key Marijuana Possession Statutes
- Unlawful Possession of Marijuana (Penal Law 221.05) – Class B misdemeanor for possessing marijuana in a public place. Up to 3 months in jail.
- Criminal Possession of Marijuana in the 5th Degree (Penal Law 221.10) – Class B misdemeanor for possessing marijuana in a non-public place. Up to 3 months in jail.
- Criminal Possession of Marijuana in the 4th Degree (Penal Law 221.15) – Class A misdemeanor for possessing over 2 oz but less than 8 oz of marijuana. Up to 1 year in jail.
- Criminal Possession of Marijuana in the 3rd Degree (Penal Law 221.20) – Class E felony for possessing over 8 oz but less than 16 oz of marijuana. Up to 4 years in prison.
- Criminal Possession of Marijuana in the 2nd Degree (Penal Law 221.25) – Class D felony for possessing over 16 oz but less than 10 lbs of marijuana. Up to 7 years in prison.
- Criminal Possession of Marijuana in the 1st Degree (Penal Law 221.30) – Class C felony for possessing over 10 lbs of marijuana. Up to 15 years in prison.
As you can see, the penalties get harsher as the amount of marijuana increases. Even small amounts can lead to big consequences.
Typical Penalties for Marijuana Possession in Nassau County
If you’re convicted of marijuana possession in Nassau County, here are some typical penalties you may face:
Common Sentencing Outcomes
- Jail time – Length depends on the degree of the charge. Misdemeanors up to 1 year. Felonies up to 15 years.
- Fines – Up to $5,000 for a misdemeanor, up to $15,000 for a felony.
- Probation – Length varies, but often 1-3 years of supervised probation.
- Community service – Often 40-100 hours required.
- Driver’s license suspension – 6 months for misdemeanor, 1 year or more for felony.
- Drug/alcohol evaluation – Mandatory evaluation, plus any required counseling or treatment.
- Permanent criminal record – Conviction remains on your record forever.
These penalties can disrupt your life and limit your future opportunities. That’s why fighting the charges is so important.
Marijuana Possession Defenses in Nassau County
The good news is that skilled Nassau County marijuana defense lawyers have access to several legal defenses that can get charges reduced or dismissed.
Here are some of the most effective strategies:
| Defense Strategy | How It Works | Potential Outcome |
|---|---|---|
| Illegal Search and Seizure | If police did not have probable cause or a warrant to search you, your car, or your home | Any evidence found may be suppressed. This could get the whole case dismissed. |
| Invalid Field Sobriety Tests | Field sobriety tests like the walk-and-turn and one-leg stand are notoriously unreliable | A lawyer can challenge improper administration of these tests. |
| No Actual Possession | If the marijuana was not in your physical possession | You may have a defense against “constructive possession” arguments. |
| No Knowledge of the Drugs | If someone else left drugs in your car or home without your knowledge | You cannot be convicted of possession. |
| Entrapment | If police coerced or induced you into committing a crime you otherwise wouldn’t | This may be entrapment. |
| Medical Necessity | If you used marijuana out of medical necessity | This may justify your actions. |
Alternative Programs in Nassau County
Besides dismissal or acquittal, your lawyer may also try to get you into an alternative program to avoid a conviction:
Pre-Trial Intervention (PTI)
This involves completing community service, drug counseling, and other conditions. Charges are dismissed upon completion.
Judicial Diversion
Similar to PTI but involves even closer court supervision. Another path to avoid conviction.
Drug Court
For those with substance abuse issues. Intense counseling and treatment program under court monitoring. Graduates can avoid jail and receive record clearance.
Finding the Right Nassau County Marijuana Defense Lawyer
As you can see, marijuana possession charges should not be taken lightly. But an experienced criminal defense lawyer can guide you through the process and develop a strong defense strategy.
When choosing a lawyer, look for these key traits:
- Extensive knowledge of New York’s marijuana laws and penalties
- Successful track record getting marijuana charges reduced or dismissed
- Skill at identifying issues with searches, testing, and evidence collection
- Negotiation skills to work out plea bargains or alternative programs
- Courtroom litigation experience in case trial becomes necessary
- Compassion and commitment to their clients
Don’t leave your future to chance. The right Nassau County marijuana defense lawyer can make all the difference in your case.
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