was his, that the charges are dropped against me when we both go for our desk appearance.
Not necessarily. Your case will still have to be reviewed by the prosecutor, and it would be a good idea to hire a local attorney to help you with this case. Very few good things (like charges getting dismissed) in the law happen automatically, or without the help of a professional. When I was a prosecutor, and someone would admit the drugs were theirs I would drop the charges against the other party. However, your prosecutor may take an entirely different approach.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Criminal Defense Attorney
I can tell you that NY prosecutors in both Nassau and Queens County don't simply drop the charges because one person admits to possession alone. It is going to require an attorney to appear on your behalf and explain the situation satisfactorily and then convince the DA to drop the charges against you. That doesn't happen easily or quickly in my experience and I've been doing this in this area of NY for 37 years. In other words, consult with an experienced attorney and fight the charges strenuously.
This answer is not intended to form an attorney/client relationship and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.
Commercial Real Estate Attorney
Prosecutors in NYC and Long Island rarely drop charges if one defendant "admits" to the possession. In fact, they can charge possession to everyone within a controllable area. You need to hire a lawyer to go to Court with you.
Good luck and please feel free to contact me with more questions and concerns at (914) 588-2679.
Criminal Defense Attorney
They certainly won't drop the charges at arraignment, but it can be used in plea negotiations thereafter. However, if you don't have a long record and have not received on previously, your attorney may be able to apply to the court for a marijuana ACD, which becomes the equivalent of a dismissal after one year.
Please feel free to call me if you'd'like to discuss further.
Best, Tom Kenniff
This is a very good question, one that comes up quite often. The answer is very "fact specific". Meaning where was the marijuana recovered from and who was in possession and whether you and your codefendats were in a motor vehicle or not.
Consult with an attorney.
Note: For informational purposes only.