New York Marijuana Lawyer

Our lawyers handle marijuana defense in all New York courts. Marijuana cases are usually simple, but there is one big complication. If you plead guilty to any drug offense, including a low-level marijuana violation, it can make you ineligible for financial aid in the future.

Unlawful Possession of Marijuana

The most common charge we see is Unlawful Possession of Marijuana (UPM - Penal Law 221.05) for possession of less than 25 grams (about 7/8 of an ounce) of marijuana. This is a violation - it is not a crime. While the law does allow for jail time, you usually will pay a fine of $100 plus a surcharge of another $100. Our fee for simple UPM cases is $1000. In most of these cases we will be able to get you an "ACOD". The ACOD is a dismissal (usually after 6 months of you staying out of trouble). Under New York law, a marijuana ACOD wipes the slate clean, as if you were never arrested. This is very important for college financial aid, and for many other reasons. Some judges will require community service as a part of the ACOD. We disagree with this requirement, but it is usually in our client's interest to do it rather than fight that issue.

Criminal Possession of Marijuana

Also common is Criminal Possession of Marijuana in the fifth degree (CPM - Penal Law 221.10) for possession in a public place where the marijuana is either burning or open to public view, or where the amount is more than 25 grams but less than 2 ounces. This is a crime - a B misdemeanor. CPM 4th (221.15) is where the amount of marijuana (including everything it’s mixed with) is more than 2 ounces but less than 8 ounces. this is an A misdemeanor. This is where marijuana offenses start to become more serious, with consequences like probation and jail time becoming more likely. Our fee on misdemeanor CPM cases is $1000 to negotiate a deal, and $3000 to make a motion and go through a hearingif necessary. For some of the simpler CPM misdemeanor cases we can make a motion for an ACOD, and our fee for that is lower, at $2000. These fees include motions and hearings, but not trials.

Felony Marijuana Cases

Fortunately, it seems that relatively few of the marijuana cases we see rise to the felony level. In some of these cases the original felony will be dropped to a misdemeanor if the lab weight is less than 8 ounces. For felony cases, our fee is at least $5000 up front, and this covers through a motion and hearing, but does not include trial fees.

Attorney Warren Redlich has long been an outspoken critic of the War on Drugs. He is a member of the NORML Legal Committee, speaker for the New York non-profit, ReconsiDer, and is also pro bono general counsel to Law Enforcement Against Prohibition. As a part of this interest, Warren wrote an article on constitutional issues related to the drug war, available in Acrobat (pdf) format: A Substantive Due Process Challenge to the War on Drugs.

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888-733-5299
255 Washington Ave. Ext., Suite 108, Albany, NY, 12205
Fax: 518-862-1551 wredlich@gmail.com

Albany Lawyer
Albany NY Marijuana Lawyer

©2008 Warren Redlich, Esq.

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