Legal Question in Criminal Law in New York

First - thanks in advance - My name is Mike and I am sitting for the NY bar in a few days. I have prepared fully etc. - took review course and am not that stressed about it as i thought i would be. However, several weeks ago i was (foolishly - kick in the butt) pulled over and charged with unlawful poss of marijuana - it was a "friend" of mine's who ditched it in the car. Long story short he asked me to stop about three blocks from his house at his friends - i did - and was pulled over a 3 blocks later - I committed no driving infractions - they basically followed us the 3 blocks to my friend's house and pulled up behind us - not really a felony stop - they were cool - hands on the car but no guns drawn or screaming lol like in the movies. We are just a couple guys that got caught up in something bigger. Apparently his "friend" that I stopped at sells roxicet a painkiller - I have never met him and did not know this- Alas they found the drugs in the car - only about a .8 gram of weed. never asked my permission to search - they really obviously wanted it as evidence against "richie", his friend. I got a VERY competent NY crim lawyer who went to hempstead ct with me and advised me to take the ACOD bc the charging docs had me making an admission - a signed 1 line statement by the dt officer that "the marihuana was his" - this is not true. It is already over so I have no reason to be disingenuous and after 4 years (went part-time) of law school I knew enough to shut up as soon as they cuffed me and put me on the curb.

QUESTION - should I pay a lawyer to consult before I answer the questions on the character and fitness forms - I KNOW i need to tell them about the open acod and the arrest as lack of candor is def more serious than the acod. My attorney who does big time crim law says I should be wholly forthcoming and they will interview me and perhaps my employer or former law school (I work at a law firm that reps big banks as a r.e. closer), but I am worrying too much as an ACOD will almost certainly not bar me from ny bar admission. I have NEVER had any crim or civil encounters with the law and no drug history and graduated from a good ny law school. Please advise and g-d bless you for reading this.

Mike


Asked on 7/24/09, 7:32 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Dear Mike, I wish you luck, but essentially I agree with the advice you have already been given. I have some experience in the area, and have been an attorney for 24 years. I recall a law school friend of mine who had some juvenile and teenage convictions, having to clear everything with the committee, and he was forthcoming, and everything worked out well. I can also tell you that not informing the committee is much worse, thanany other option. \n\nI could recommend you to an attorney who used to be counsel to the grievance committee for the Second Department, and now practices in the area of attorney discipline; if you are interested.drop me a line.

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Answered on 7/31/09, 9:18 am


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