How First Time Offenders Can Defend Against New York Marijuana Charges

 As part of my practice of the defense of DWI and other traffic related matters I often have to deal with other drug offenses. It is all too common that a bong, pipe, and/or other paraphernalia (vaporizers, spoons, hammers, chillums, bubblers, sidecars, sherlocks, raydiators, tubes, bats, headies) are found inside the car. All the police have to do is scrape together enough resin/residue, and another criminal charge is added to the fray.

Over the course of my years of practicing in the Fingerlakes I have defended many college students from SUNY Cortland, SUNY Binghamton, Cornell University, Ithaca College, Keuka College, etc. Marijuana use seems to go with college like cereal goes with milk. Some people think that New York State has decriminalized marijuana, sometimes it is only charged as a violation, but even in relatively small quantities it can be charged as a misdemeanor or even as a felony (if sold to minors).

There were 92,800 arrests for Marijuana in New York during 2007. Males aged 15 to 24 made up 56% of those arrested, and 70% of those males were white.

NOTE: After any lawful arrest in an automobile in NYS the entire car is subject to search top to bottom, inside and out. So much for your 4th amendment rights in New York State.

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