Received an summons for penal code 221.05, UPM. Didn't have anything on me. What do I do?

Asked over 1 year ago - Flushing, NY

I was walking to my car and said hello to someone I know. This person had pot on Him. But police also issued me a summons after searching me and found nothing… I'm confused as to why..

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 19

    6

    Lawyers agree

    Answered . There is no way to answer what was going through the mind of the police officer. They could try to say that you both possessed the marihuana. It is not a case where you should lose sleep over the situation. In the end, you should be able to get the case dismissed. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    5

    Lawyers agree

    Answered . Hire an attorney to get it dismissed. The "why" is because they can unfortunately.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Jay K Goldberg

    Contributor Level 16

    5

    Lawyers agree

    Answered . It is likely that a lawyer can get the case dismissed. You may find out why the officer gave you a summons when you go to court and can read the factual basis for the charge.

    I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau... more
  4. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Possession requires actual or constructive. If they found it "dropped" by the two of you, they will often cite both persons, which doesn't mean that the prosecution will get anywhere. It is unknown if the officer's position is that he saw you drop it if it is a drop case.

  5. James Hal Medows

    Contributor Level 11

    3

    Lawyers agree

    Answered . I strongly urge you to hire an attorney. People get falsely arrested on a daily basis.

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