Help please.My Daughter Was Charged With Unlawful Possession of Marijuana in Ny.?
Question by tg315: Help please.My daughter was charged with unlawful possession of marijuana in ny.?
My daughter was a passenger in a car during a traffic stop. She was charged with UP.
She’s an 18 year old college student. This is her first offence.
This happened in a small town in Central New York.
Can anyone tell us what she can expect to happen to her?
Thanks in advance for any help anyone can provide.
I think I should add, that she had less than 2 grams on her.
Best answer:
Answer by Geist
a fine and short time in the pokey…or a big fine…
What do you think? Answer below!
Related Drug Possession Information…
you need to hire a lawyer. do it this morning. with no lawyer they will charge her and throw the book at her. with a lawyer you’re lookin at a fine.
She is going to be ok, as a NYPO (New York Police Officer) I can tell you first hand that the most likely punishment for her offense is going to be a fine and maybe, depending on what cause the officer to pull over her car a night or two in the County Jail.
However I can assure you that next time she get caught with any kind of Narcotics at all the punishment is going to be more severe. Tell her to stay away from pot for a while.
GO YANKEES! (With Joe)
She’ll probably get some community service and a probationary sentence with conditions along the lines of being good for 12 months, after which the charges will be dropped. Mandatory drug testing might be another condition, possibly a small fine.
She would be well advised to take the testing and probationary period very seriously, judges take a very dim view of folks who don’t comply with their orders.
My advice, get a lawyer. You do not want this on her permanent record. A lawyer can help plead the charges dowm to misdemeaners. She will not “do time”, however she can expect a mediocre fine, about $ 300 and some probation.
Go with a lawyer. It will be a little more $ $ up front ($ 500) but well worth it to avoid future employment issues.
In most states a minor possession is a misdemeanor offense. Because your daughter is attending college the judge will be more interested in her getting her degree than sitting in the jail somewhere.
One question in my mind is if the marijuana was in her possession or just in the car where she and the others had what is termed “constructive possession.”
In constructive possession you can charge all the parties present, however, if the marijuana belonged to one particular individual…and that individual were to claim ownership…your daughters case would most likely be dismissed.
If the marijuana was hers…I’d strongly recommend enrollment in a local Drug Awareness Program so that she can show the court she is being a responsible person without having to be ordered by the court to go. In all my jurisdictions drug cases, drug rehab is mandatory!
As a minimum, you will see a fine, court costs and fees, and probation. If the judge imposes and jail sentence…most likely that will be suspended with the probation being her warning not to get involved with drugs again!
Best wishes.