Legal Question in Criminal Law in New York

Possession of controlled substances

I recently violated section 220.03 (CPCS 7th degree) as well as section 221.05 (UPM) in New York State. (I was found to have marijuana and hash in my possession.) The first is regarded as a Class A Misdemeanor, the second a Violation. As I have never been arrested before I am uncertain of the possible punishment. If anyone could enlighten me of past decisions or of my need of legal help, or of anything pertinent to this problem, it would be more than greatly appreciated.

thank you.


Asked on 8/02/99, 10:39 am

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: Possession of controlled substances

If you are under 19 years of age and have never been arrested before, you can plead to the charges, and be granted youthful offender status, which means that you will have no criminal record.

If you are over 19 and have never been arrested before, negotiations with the D.A. should result in you being granted ACD, meaning that the case will be adjourned for a period, usually 6 months, and then the charges will be dismissed, contingent upon you not violating the law during that period.

Should neither of these options be granted, you face up to one year jail time for the A Misd. and a fine of not more than $100. for the UPM.

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Answered on 8/03/99, 9:29 pm


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