Legal Question in Criminal Law in New York

I recieved an apperance ticket for unlawful possession of marijuana. When i was pulled over for it i had 2 friends in the car my friend in the passenger seat put his weed under his seat and denied that it was his. I recieved the ticket because it was my car. My friend called the next day and apologized and says he is willing to go to court and say it was his. If he goes to court with me and says it was his will the charge on me be dropped and given to him?


Asked on 3/05/11, 12:03 pm

4 Answers from Attorneys

Joseph Villanueva Villanueva & Sanchala, PLLC - Serving all of NYS

The decision to drop the charges against you will be entirely up to the assigned prosecutor to the case. Usually, if you have a good lawyer, the charges will be dropped. You should consider checking out my website. You may find some helpful information. www.villanuevalaw.com

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Answered on 3/05/11, 12:21 pm
peter bark bark & karpf

This is not even a crime. Go to court and see if you can get an ACD, which results in a dismissal after one year.

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Answered on 3/05/11, 7:52 pm
Robert Evans Robert S. Evans esq.

Both previous answers have merit. The prosecutor and your defense attorney will likely make a "deal". This is not a very serious charge and the charges may be dropped entirely ,or transferred to your friend,or you will be offered an ACD.In all instances you ,if you stay out of trouble,will not have a criminal record. You may contact my office @ 718-834-0087 for more info.

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Answered on 3/06/11, 7:41 am
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Yes, if your friend takes responsibility it can be dropped against you. But it can also be deemed under the �automobile presumption statute� (that every one in a car is responsible for possessing its contents) that you too were constructively in possession of the marijuana, just as your friend was. However, this is theoretical. Yes, you can exculpate yourself if your friend comes forward and admits. All of this should be done by your lawyer, because if it doesn�t go right, you can both be charged, without anybody being dismissed, too. Why? Because its not �ownership� that�s the issue. Two people can jointly �possess� something in the car, while only one of them is the owner, and the charge is just that only �possession�. This is all theoretical legal stuff. As a practical matter, however, many first time marijuana defendants are offered an adjournment in Contemplation of Dismissal under the NY Criminal Procedure Law 170.56. Which means that if you stay out of trouble for a year, your case gets automatically dismissed. I have defended hundreds of cases like yours. Please call me at 917-224-5497 for more information and I would be happy to help your for a very reasonable cost.

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Answered on 3/06/11, 7:55 am


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