White Plains and Westchester Criminal Defense Lawyer
Possession of Marijuana Lawyer in White Plains, NY
28,000 people were arrested for marijuana possession last year alone. In 2011, more people were arrested for marijuana possession in New York City than for any other crime. While New York City’s marijuana laws are changing, individuals who are caught with larger than 25 grams of the drug can still be charged with a misdemeanor or felony, depending on the quantity of the drug found and whether the individual had an intent to sell. Fortunately, individuals who are caught in possession of amounts of marijuana in quantities less than 25 grams will now be ticketed rather than face arrest. The reduction of minor marijuana possession to a ticketable offense rather than a misdemeanor crime still doesn’t legalize marijuana in the state of New York. Individuals may still have to appear in court if they have been cited and may still face fees and possible jail time for possession. Despite these changes, New York police can still arrest individuals for possessing larger amounts of the drug or for intending to sell the drug. Individuals facing either a citation, misdemeanor, or felony charge for possession of marijuana in White Plains, NY, need a lawyer who can help them negotiate the sometimes complex litigation and legal matters pertaining to marijuana possession.
Given that marijuana is still illegal on a federal level, Obama and Congress recently passed a measure that prevents the U.S. Justice Department from using government funds to attack state-level marijuana laws. Some proponents of marijuana reform had been concerned that the federal government would intervene and attempt to enforce federal marijuana laws in the states where the drug is legal. With Colorado’s recent legalization, and with the decision of Congress to refrain from spending money on a war against marijuana, it’s increasingly unlikely that the federal government will interfere with legalization proceedings and decriminalization proceedings in the individual states.
If you have been arrested for marijuana possession, you need the representation of a skilled lawyer in White Plains, NY. Darren Deurso Attorney at Law is a skilled and compassionate lawyer who can help you challenge any misdemeanor or felony charges pertaining to marijuana possession in White Plains, NY. Contact our firm today to learn about how our team can help protect your rights.
New York’s Marijuana Penalties
Individuals caught with 25 grams to 8 ounces of marijuana can be charged with a misdemeanor, while individuals found with anywhere from 8 ounces to ten pounds can be charged with a felony. Sale of marijuana in New York is a misdemeanor or felony, depending on the quantity of the drug an individual intended to sell. Selling less than 25 grams of marijuana is considered a misdemeanor, while selling more than 25 grams is considered a felony in New York. Possession of less than 25 grams of marijuana carries with it a maximum fine of $200 for the second offense with no incarceration time for either a first or second offense. Yet, individuals who have been caught with less than 25 grams of marijuana on a third offense can face up to 15 days of incarceration and a $250 fine. If you’re facing a third offense of minor marijuana possession, you may need the representation of a lawyer. A misdemeanor marijuana offense can carry with it a penalty of up to one year in jail. Felony marijuana possession carries with it more serious penalties. Individuals who have been caught with more than 10 pounds of marijuana, can face up to 15 years in jail. If you’re facing conviction for possession of marijuana, you need to protect your freedom and your future. Darren Deurso Attorney at Law understands the unique legal challenges faced by individuals who have been charged with marijuana possession in White Plains, NY.
Skilled Defense for Marijuana Possession
If you’ve been arrested for marijuana possession in White Plains, NY, you need a criminal defense lawyer who can examine the circumstances of your arrest and make sure that officers properly followed the law when searching you. If the officers failed to properly follow procedure, you may be acquitted. While many officers work hard to protect citizens, unfortunately, in some cases, officers are subject to bias and may use racial profiling in order to search individuals without due cause. Black and Hispanic individuals have often been disproportionately subject to arrest for marijuana possession in the past. With the decriminalization of small-scale marijuana possession, the state hopes to decrease these statistics. That said, individuals who face arrest for marijuana possession have the right to seek the representation and defense of a lawyer who can help them ensure that they have not been subject to an unjust search. A lawyer can ensure that you were not unfairly profiled or detained and that the officer who arrested you had due cause to perform any search. If you’re facing charges for marijuana possession in White Plains, New York, you need skilled representation and defense to protect your rights and freedoms. You need Darren Deurso, Attorney at Law. Contact us today for an initial consultation and review of your case. Remember that you have a right to remain silent and do not have to answer any officer’s questions without the presence of an attorney. The police can sometimes use manipulative questioning tactics to pressure individuals to implicate themselves when they are not required to do so by law. You have the right to an attorney. Contact us today to protect your future.