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empnero
DistortedPercetion

Registered: 12/30/04
Posts: 112
Last seen: 13 years, 10 months
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Possession in NYS
#6398544 - 12/23/06 01:00 AM (17 years, 4 months ago) |
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Ok, so the other night im sitting in my apartment smoking a blunt and watching family guy when the cops knock on my door. apparently they were coming about somone breaking into a 1st floor window in the complex, and i happen to live on a 1st story. they smell the weed and start going to town, they start throwing threats and what not, find the rest of my weed and proceed to search my entire place (i hadnt consented to a search until after they found the weed cause i was told if i didnt it would be exponentially worse, i know, i was scared and not thinking). the weed is a simple violation, its not criminal so i can deal with it, then they find and take lots of paraphenalia which is not listed on my appearance ticket but would be a misdemenor. they informed me its in evidence but they didnt say that theyre charging me with it. and then they find shrooms, about a quarter O, mostly shake, after i had told them there was nothing else. first off, while i love shrooms, these arent even mine and i find myself in cuffs facing a class a misdamenor for possession of controlled substance 7th degree. i may have even told them if it was there when they asked what else i had, had it been mine and had i remembered. theres 3 other people 1 who lived there, im the only one who was arrested. this is my first offense, im a college student on my last semester 8hrs from home with an on campus apt but not a dorm. so the university police take me to the station, do the standard arrest procedure, but im never put in a cell or made to pay bail im simply released with an appearance ticket. they ask me if i want to speak to a lawyer while im cuffed to the bench, i asked if i could, they said they'd get a phone book but never did. has this happened to anyone else, what was the outcome? can i fight this based on what they did? anyone have any advice? can they spring the paraphanelia charge when i show up? im pretty scared, very nervous and do not know what to do. the absolute worst they can do is fine and a year in jail, which i was told prob wont happen. ill most likely get an ACD(gone in 6 mo), probation, rehab, fines, something like that, or a combination. i was also told if i go into counseling first theyll be easier on me. now i have to petition to adjourn cuase it was they day before i came home for break and they want me to show when i have no way of getting back. theyve made it hard though, not sending in the paperwork and ive been told they prob wont till right before so i cant even have it adjourned easily though the court bench clerks who are very nice understand and are helping me a great deal so this happens and i dont get a warrant. if they grant it, ill have my lawyer by then, im just petrified in the interim and need a little advice. id really like some personal experience in NY, but id appreciate any helpfulness or advice more than you could know.
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Diploid
Cuban


Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Possession in NYS [Re: empnero]
#6398780 - 12/23/06 07:28 AM (17 years, 4 months ago) |
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WTF. With REAL criminals, rapists, and terrorists in the world the cops still have enough time to eat donuts and hassle people minding their own business in their own home.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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HarvestTheBrain
CultDeVader

Registered: 07/14/03
Posts: 1,749
Loc: Usa
Last seen: 7 months, 28 days
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Re: Possession in NYS [Re: empnero]
#6411422 - 12/30/06 07:49 PM (17 years, 4 months ago) |
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the weed and para wont be a thing, but the shrooms... you aint goin to jail, just gonna get a fine maybe probation nys is pretty leniant
my friend got busted with me and she had opium on her, she was the only person that had to fill anything out along with her appearance ticket, she just had a bigger fine than the rest of us
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wilshire
free radical


Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 14 years, 3 months
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Re: Possession in NYS [Re: empnero]
#6411452 - 12/30/06 08:00 PM (17 years, 4 months ago) |
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don't sweat it too much. you were smoking pot, alone, in the privacy of your own home. illegal drug use does not get any more benign, and despite the law, judges and prosecutors recognize this.
the up to a year in jail thing is basically just the definition of a misdemeanor. you probably won't do a day. maybe some fines, probation, court costs. it's not going to radically alter your life in any way, and i wouldn't worry about it too much if i were you.
even in the backwards-ass county i live in, they routinely give ARD (our version of ACD) for this type of thing.
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Beebo
Stranger


Registered: 01/17/06
Posts: 197
Last seen: 14 years, 7 months
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Re: Possession in NYS [Re: wilshire]
#6644062 - 03/07/07 02:43 AM (17 years, 2 months ago) |
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I was caught with pot brownies in the bible belt of all places and they just gave me a 500 dollar fine, and then 6 moth probation. Also it's not on my record ( thank god) but the first thing you should do is get rid of anything you have, or even think about getting incase they came back with a warrent. Also, stop using for a while my friend. At the trial I was at, the judge was asking everyone " if I submited you for a drug test today, would you pass?" and everytime somone would say no he'd show less leniency. When I came up and he asked that I said " yes I will," and he replies " that's what I like to hear" and then said this won't be on my record, unlike everyone else. I don't know if it was just my case, but you want to look good for the judge up there, unfortunatly if you look like a scum bag he'll have less leniency. Rent a suit, put on collogne, get a hair cut and a shave, clean your nails and cut them, I know it sounds rediculous but I've had cops tell me " A persons fingernails will say alot about them". Also, on your probation you really need to watch your ass, you'll get sent to jail for violation over any little thing and the judge will not be lenient this time.
I know it sounds parinoid, but if you are doing illegal things, unfortunatly, you're going to have to act like everything you will be seen or leave evidence.
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Edited by Beebo (03/07/07 02:47 AM)
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dedjam
Electro Penguin




Registered: 12/14/05
Posts: 2,139
Loc: Moralton, Statesota
Last seen: 12 years, 11 months
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Re: Possession in NYS [Re: Beebo]
#6644451 - 03/07/07 06:56 AM (17 years, 2 months ago) |
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Dont worry about advice on here...get a lawyer.
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