A Westchester County Marijuana Possession Defense Lawyer commonly sees Marijuana Possession charges. This drug has received a lot of press in the recent past because it has been legalized in many states for medical purposes. Some are now unclear exactly what is legal and illegal regarding Marijuana Possession and use. Possession of even small amounts of this drug without a medical license is illegal, though it can be deemed a violation rather than a criminal offense. Possessing larger amounts of this drug can bring serious penalties. If you have been charged with a marijuana offense including Marijuana Possession, it is important to speak with a qualified Westchester County Marijuana Possession Defense Lawyer from our team. It is important that your rights are protected.
New York Penal Law 221.05 defines Unlawful Possession of Marijuana, which is the possession of twenty-five grams or less. It is categorized as a violation.
New York Penal Law 221.10 defines Criminal Possession of Marijuana in the 5th Degree. A violation of this law occurs where a defendant is in possession of marijuana in a public setting, in plain view, it is burning, or the quantity is between twenty-five grams and two ounces. This offense is a B misdemeanor. If the defendant is in possession of between two ounces and eight ounces, it is an A misdemeanor.
Generally, if the amount of marijuana involved in higher than eight ounces, it will be a felony offense. If you have been charged with a felony drug charge, contact a Westchester County Marijuana Possession Defense Lawyer from our team as soon as possible. New laws have recently passed where a felony drug charge can be eligible for a judicial diversion program. This would mean that you could attend a drug treatment program rather than go to jail.
A New York Drug Crime Lawyer can explain that a Marijuana Possession charge can be legally complicated, and include search and seizure issues. Law enforcement must always have probable cause to conduct a search, and could require a warrant to do so, depending on the circumstances. If an error was made on the part of law enforcement during the search and seizure or arrest process, it could be possible for your lawyer to get your charges reduced, or possibly dismissed.
If you have been charged with Marijuana Possession or other drug crime, contact the offices of Stephen Bilkis & Associates, PLLC for advice. We will provide you with sound legal guidance and a free consultation. Whether you have been charged with Prescription Fraud, drug cultivation or Drug Trafficking, we can ensure that you will receive an aggressive defense and that your rights are protected. We have offices throughout New York including both Nassau County and Suffolk County on Long Island, and Westchester County. In New York City, we have offices in Manhattan, Queens, the Bronx, Brooklyn, and Staten Island. Contact us today at 800.696.9529.