A Marijuana Possession Lawyer Can Help

If you have a little bag of marijuana in your car and you’re pulled over, you could face drug charges. Cops are only human, and they can make mistakes during search and seizure that cast doubt on the evidence against you.

We will examine the circumstances and the evidence to determine if the officer had probable cause to stop you. We will also look for errors in the chain of custody.

First Offense

Although many states have decriminalized marijuana or even legalized it, federal law still classifies it as a drug and carries jail time as a punishment. Depending on the amount and other factors, you may face misdemeanor or felony charges for possession of marijuana. Our Rockland County defense lawyer will help you understand the charges and will work to get them dismissed or reduced.

A skilled defense attorney can make the difference in your case, whether it is a felony or misdemeanor. Your first step is to assert your right to have an attorney present during a pat-down or search. If police fail to follow proper procedures or lack reasonable suspicion or probable cause, your marijuana possession charges could be dropped.

A seasoned defense attorney can also challenge evidence that law enforcement officers have used to arrest you. This includes examining how they determined the location of the drugs and that you actually had them in your hands. Actual physical possession is different than constructive possession, which involves the general vicinity of the drug or its ability to be accessed by you (aka dominion and control).

Second Offense

If it’s your second offense or more, a good attorney could help you get the charges against you reduced. For example, a defense lawyer could help you qualify for drug court, which allows a person to get their charges dismissed after they successfully complete all the requirements of the program.

It is also important to consult with an experienced criminal attorney as soon as you learn that there’s a police investigation or that you’re being arrested. This ensures that your rights are protected, that plea discussions remain favorable, and it may even result in the case against you being dropped altogether.

A qualified attorney could also help you with Fourth Amendment search and seizure arguments. For instance, a lawyer could argue that the officer didn’t have probable cause to conduct a search and seizure. They could also review the evidence to determine if it’s strong enough to convict you of the crime. In addition, they could challenge the amount of marijuana alleged to have been in your possession and whether you had intent to distribute it or not.

Third Offense

Although many cities and states have decriminalized petty marijuana offenses, New York retains a strict policy on possession. A conviction can lead to jail time and hefty fines. An experienced New York drug crime lawyer can review your case and determine the best defense options for your situation.

A person may also be charged with possession with intent to distribute if they are found with more than 50 pounds of marijuana or the equivalent in edibles. This charge is a Class D felony. Defendants who are caught in possession of marijuana with the intent to distribute within 1,000 feet of a school could face up to five years in prison.

When confronted by police officers, remain calm and be polite. It is important to remember and write down all the information that is given to you by the officer. The smallest details could help your defense later on. Remember that the police have a job to do and they are not out to ruin your life.

Fourth Offense

If you are arrested for marijuana possession for the fourth time, it is considered a state jail felony. You can face a maximum of one year in jail, lose your driver’s license and be fined hundreds of dollars. A conviction will go on your record and impact job opportunities, school loans or scholarships and public assistance applications.

It is important to hire an experienced New York marijuana possession lawyer right away if you are charged. As a former prosecutor, Jason Volet understands how prosecutors approach drug cases and uses this insight for the benefit of his clients. In many cases, he is able to get charges dropped or dismissed completely. He can also help you apply for Pretrial Intervention to avoid a conviction. He will thoroughly examine the details of your case and use defenses such as unlawful search and seizure, proof that you were not in actual possession of the marijuana, entrapment, mental disease / defect and others.