Although marijuana is legal in many places throughout the United States, possession of marijuana is still a crime in New York that can result in penalties. The penalties that may be imposed depend on different factors. If you have been charged with possession of marijuana, then you should seek out a Brooklyn marijuana possession lawyer.
What are the potential penalties for marijuana possession in New York?
The penalties that may be imposed for possession of marijuana in New York depends on the amount that is possessed. The higher the amount possessed, the more significant the consequences.
If you possess less than 25 grams, then you could face a civil violation of fines, but no jail time. If you possess 25 grams to 2 ounces, then you face up to 3 months in jail and a $500 fine. Possession of 2-8 ounces may result in up to 1 year in jail and a $1000 fine. Possession of 8-16 ounces may result in 1-4 years in prison and a $5000 fine. Possession of 16 ounces to 10 pounds may result in 1-7 years in prison and a $10,000 fine. Possession of marijuana in excess of 10 pounds may result in 1-15 years in prison and a $5000 fine.
In addition to these penalties, you could be ordered to participate in drug treatment and be placed on probation. In some cases, you could be required to participate in community service. Depending on the level of possession, a conviction could result in revocation or limitation of certain civil rights.
Because of these potential penalties and consequences, it is important that you have a marijuana possession lawyer representing you throughout all phases of the case, including investigation, pretrial and trial.
Are there any defenses to marijuana possession?
There may be defenses available to challenge a marijuana possession case. Some defenses may include:
1) Violation of your fourth amendment rights: The fourth amendment protects against unreasonable searches. If the marijuana or other evidence was obtained without a search warrant, then the police must be able to identify a legal reason to justify the search. In some cases, the police are unable to identify an exception to the search warrant requirement and the evidence may be excluded from consideration in the case. This may also result in dismissal of the charges.
2) Lack of knowledge or intent: If you are charged with possession of marijuana, but did not have knowledge of its existence or an intent to possess it, then you may have a defense. This issues sometimes arises when you are in a vehicle where marijuana is found.
3) Reasonable doubt: In order for you to be convicted of marijuana possession, the prosecution must be able to prove all of the legal elements of the crime beyond a reasonable doubt. If there is evidence to create doubt as to any of the elements of the crime, then you should be acquitted of the crime.
4) Lab errors: The prosecution must be able to prove that the alleged marijuana meets the chemical composition of the substances. This often involves the use of experts who analyze the substance. The analysis of marijuana requires compliance with certain procedures. If the lab workers failed to comply with these procedures, then their reports may not be considered.
How can an attorney help?
Because of the potential penalties involved with a marijuana possession case, it is important that you seek out representation from a Brooklyn marijuana possession lawyer. A lawyer can review your case to determine if there are any defenses available.
A lawyer can represent you during the case. They will protect your rights and advocate on your behalf. A lawyer can appear with you in court to argue on a variety of issues, such as bail, motions, and trial. They will make sure that you understand the process and your options.
If you have been charged with possession of marijuana in New York, then contact us to schedule a consultation appointment. Our legal team will help you understand the charges that have been filed against you. They will explain the process and strive to achieve a fair result under the circumstances. Call us to learn more.