New York  |  Criminal Law

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11/13/09, 8:42 pm

Legal Question


I got possession of two twenty bags of weed and seven mdma pills, and a vile of ketamine I was at a gas stationa, my friend was getting gas and i went in. When i came back out and went to get in the car i had a badge and gun in my face. They searched me without reasoning and ended up finding the drugs above. I said it was for personal use and they took me to the precient. I have court on Wednesday November 18th 2009. What will end up happening will i go to jail or be on probabtion. Im a 18 year old male as welll.


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11/19/09, 9:50 am

Legal Answer


The first court date is for arraignment. That is where the court decides whether or not bail is required. This is based on the circumstances of the case and your prior criminal history. They should have given you a copy of the specific charges you are going to be arraigned on (usually called an appearance ticket). If the search is found to be illegal, either after motions or a hearing, the evidence would be suppressed and they would not be able to use it against you. This is a very important aspect of the case. You do need to find out what your friend, if anything, told the police while you were inside. Felony drug charges have a range of sentencing . In your case because you are under 19 your attorney should be looking for a youthful offender disposition, a diversion (drug treatment program) and/or a motion to suppress all the drugs. Feel free to call me if you have any questions after the arraignment.

Stuart Austin

Austin Law Associates, PC 170 Old Country Road, Suite 610 Mineola, NY 11501

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11/23/09, 12:54 pm

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We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

czik@ovedlaw.com

The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Steven Czik

CZIK LAW PLLC 401 Greenwich Street New York, NY 10013

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