NYC Desk Appearance Ticket Attorneys

Marijuana (PL 221.10, PL 221.15, PL 221.35, PL 221.40)

Click here to learn more about Desk Appearance Tickets, generally.

 

Possession of a small amount of marijuana can be prosecuted in a variety of ways because police officers have some discretion as to what to do with these offenders. It is becoming increasingly common – especially in Brooklyn, where it is now a matter of official policy – for first-time offenders caught with small amounts of marijuana to receive summonses.[1] Occasionally, when the offender has an open warrant or a very significant criminal record, he or she might be “put through the system” and forced to spend a night in jail before appearing before a judge for an arraignment. Some individuals though receive Desk Appearance Tickets, meaning that they are arrested, fingerprinted, and told to come to criminal court for their arraignment on a later date.

 

The most common marijuana-related charge for Desk Appearance Tickets in the city is Criminal Possession of Marijuana in the Fifth Degree, a Class B misdemeanor, under Penal Law 221.10 (if you have one of these, your Desk Appearance Ticket would likely say “PL 221.10” next to the entry listed as “top charge”). A person is guilty of this charge when he or she possesses more than 25 grams of marijuana or any quantity in public view or any quantity that is burning.

 

The charges become a more serious misdemeanor (Criminal Possession of Marijuana in the Fourth Degree, PL 221.15) where the quantity of marijuana exceeds 2 ounces, and a very serious felony (Criminal Possession of Marijuana in the Third Degree, PL 221.20) where the marijuana weighs more than 8 ounces. The felony charge is never presented as a Desk Appearance Ticket and the Class A misdemeanor charge is rarely utilized in Desk Appearance Tickets because law enforcement does not usually bother to weigh the marijuana with that level of precision that early in the process. 

 

It is very common to see an entire group sharing a single joint get arrested and charged for possessing the same single joint of marijuana, and our attorneys routinely represent people in such situations.  Moreover, police are somewhat notorious for demanding that suspects empty their pockets, and then, when the suspects produce marijuana, the officers charge the suspects with possessing the marijuana in "plain view".  

 

These cases can frequently be defended against on search and seizure grounds; if the police did not have probable cause to search you or your car or your purse or bag where the marijuana was recovered, then you might be able to win a hearing and have the drugs excluded as evidence from the trial. We have defended many cases in which the search resulting in the discovery of drugs was actually performed by security personnel at a nightclub (such as a bouncer at the door). These types of searches do not usually implicate constitutional protections, meaning that those individuals do not have to have probable cause to search someone seeking to enter the private nightclub. 

 

Possession in these cases should not be confused with ownership. Under the theory of constructive or shared possession, law enforcement can theoretically charge (and even convict) multiple individuals for possessing the same small quantity of marijuana where multiple individuals were aware of the presence of marijuana and had the ability to hold it or reach it.

 

First time offenders are eligible for marijuana adjournments in contemplation of dismissal, meaning that the charges can be dismissed and sealed so long as the defendant remains arrest-free and meets other conditions for a year. This disposition has to be granted by the presiding judge, so the defense attorney has to make a successful motion for such a disposition based upon the facts and the history and characteristics of the defendant. Our attorneys have been successful in obtaining countless such favorable dispositions for our clients charged with marijuana possession via Desk Appearance Ticket.

 

Charges of Criminal Sale of Marijuana in the Fifth Degree (PL 221.35) and Criminal Sale of Marijuana in the Fourth Degree (PL 221.40) apply to those individuals that sell marijuana to undercover officers or other people in the presence of police, and those cases can potentially result in jail time for those individuals with criminal records. However, first time offenders can still benefit from the Marijuana ACD described above.  

 

The maximum legal penalty for a conviction of this charge is one year in prison. One can also be sentenced to three years of probation. More typical results for these cases for first time offenders include non-criminal dispositions with drug treatment programs or community service. However, there a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  

 

Notably, if you are a non-citizen, a conviction for this crime can be classified as a “controlled substance offense” that might have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

The potential penalties from this Desk Appearance Ticket:

Up to 90 days in jail (Class B misdemeanor) or 1 year in jail (Class A misdemeanor).

1 or 3 years of probation.

Fines up to $2,000.

Community service.

Rehabilitation programs

Immigration consequences.

Employment problems.

Consequences for aspiring university students and graduate students, as well as those seeking financial assistance. 

 

 

 

 

[1] A summons is a pink ticket directing someone to appear in court at a later date, and, unlike in Desk Appearance Ticket cases, no fingerprints are taken.