New York Marijuana Possession Lawyer – A Helpful Guide

New York Marijuana Possession Lawyer – A Helpful Guide

Getting charged with marijuana possession can be scary. But having a good lawyer on your side makes a huge difference. This article will walk you through everything you need to know about marijuana possession charges in New York, and how an experienced lawyer can help.

Marijuana Possession Laws in New York

New York has come a long way in recent years when it comes to marijuana laws. Possession of small amounts of marijuana is no longer a crime – it’s just a violation. Here’s a quick overview of the current laws:

• Having less than 25 grams of marijuana is a violation, not a crime. The maximum penalty is a $100 fine.
• 25-2 ounces of marijuana is a misdemeanor. The maximum penalty is 3 months in jail and a $500 fine.
• 2-8 ounces of marijuana is also a misdemeanor. It has a maximum penalty of 1 year in jail and a $1,000 fine.
• Over 8 ounces of marijuana, or if you have previous marijuana convictions, is a felony. It can lead to over a year in state prison.

One important thing to note – these laws apply to possession only. Selling marijuana is still illegal in New York.

What Happens If You’re Charged

If you’re caught with marijuana, you’ll be arrested and taken to the police station. There, you’ll be fingerprinted, photographed, and held until you can post bail or see a judge. Many people are released within 24 hours.

After your arrest, the prosecutor will decide what charges to file against you based on the amount you had. You’ll get a Desk Appearance Ticket with your charges and a date to come back to criminal court.

Marijuana possession cases move quickly through the court system. Within a few weeks or months you’ll have several court dates where you (or your lawyer) can negotiate with the prosecutor. More serious felony cases take longer to resolve.

Why You Need an Attorney

Trying to navigate the criminal justice system alone can be intimidating. An experienced marijuana possession lawyer levels the playing field. They know how to get charges reduced or dismissed, and avoid jail time. Here are some of the ways a lawyer can help:

• Negotiate with the prosecutor for a better plea deal
• Get charges reduced from a misdemeanor to a violation
• Avoid a permanent criminal record
• Prevent license suspension or loss of federal aid
• Fight illegal searches that led to your arrest
• Advise you through the process so there’s no surprises

An attorney who specializes in marijuana cases will know all the defenses and strategies to get you the best outcome. They’ll review the evidence, look for problems with the arrest, and negotiate aggressively on your behalf.

Finding the Right Marijuana Lawyer in New York

Not all lawyers have experience with marijuana charges. Here are some tips for finding the right one:

• Search for “marijuana defense attorney” or “cannabis lawyer” – Avoid lawyers who focus on other areas.
• Find someone local – Local lawyers know the prosecutors and judges.
• Look for experience – Find a lawyer who regularly handles marijuana cases.
• Read reviews – Check sites like Avvo and Google for client reviews.
• Offer free consultations – Avoid lawyers who charge just to talk.
• Personality matters – Make sure you feel comfortable with them.

Don’t just choose the first lawyer you find online. Take time to research a few options and consult with them before deciding who to hire.

What a Consultation is Like

When you talk to a prospective lawyer, come prepared with any documents about your arrest. Bring your Desk Appearance Ticket, police reports, and any other papers. This helps them understand your case.

During the consultation, the lawyer will:

• Get the details about what happened during the arrest
• Review the charges against you
• Discuss your criminal history
• Explain your legal options
• Give you their opinion about possible outcomes

This is your chance to ask questions and feel out how well you communicate. Make sure you feel confident in the lawyer’s skills and knowledge before moving forward.

What to Expect From Your Lawyer

Once you hire a marijuana possession lawyer, here are some things they will do on your case:

• Review police reports and evidence
• Investigate the circumstances of your arrest
• File motions to suppress illegally obtained evidence
• Negotiate with the prosecutor for a plea bargain
• Appear with you at all court dates
• Keep you updated on the status of your case
• Advise you through the process so you know what to expect

You’ll work closely together to create a defense strategy and decide how to resolve the charges. An experienced lawyer will handle all the communications and negotiations so you can focus on your life.

How Much a Marijuana Lawyer Costs

Attorney fees vary widely depending on experience, location, and the complexity of your case. Simple possession violations may cost $1,000-$2,000. Felony cases often run $3,000-$5,000 or more.

Factors that increase costs include large quantities of marijuana, prior convictions, and constitutional challenges like illegal searches. Charging hourly versus a flat fee also impacts overall cost.

Don’t just choose the cheapest lawyer you find. The consequences of a conviction are life-long, so it’s worth investing in the best defense you can afford.

Alternatives to Hiring a Lawyer

If you can’t afford an attorney, there are some other options:

• Public defender – You may qualify for free counsel.
• Legal aid – Non-profit legal services if you meet income limits.
• Law school clinics – Law students provide assistance under supervision.
• DIY – Represent yourself pro se, but not recommended.

Carefully weigh the risks of not having a lawyer. An experienced attorney may get charges dismissed or reduced, saving you money in the long run.

Key Takeaways

Here are some important tips to remember about marijuana possession charges in New York:

• Small amounts are only a violation – not a crime.
• Penalties get harsher as the quantity increases.
• An attorney can help get charges reduced or dismissed.
• Local lawyers are best – they know the system.
• Find someone experienced with marijuana cases.
• Consult with lawyers before choosing who to hire.
• A good lawyer is worth the investment.

Don’t try to handle marijuana possession charges alone. An experienced New York marijuana lawyer can make all the difference in avoiding a conviction. They know how to defend your rights at every step of the process.