If the state can prove you had knowledge, either actual or constructive, you can be convicted. You should consult with a defense lawyer ASAP to go over in private all of the details.
Any response given is not to be taken as legal advice or to create an attorney client relationship.
On these limited facts, I wouldn't worry about jail.
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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Best to consult with a criminal defense lawyer off line. On line postings are not confidential.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Jail time should not be a worry unless there are other factors you haven't posted. If your roommate was the target of the search warrant that will also help. From my experience, with only being charged with a "B" misdemeanor, it would appear the police did not get the amount of narcotics they were looking for. You may also fall into the Erie County District Attorney's "policy" of not offering an ACD because the arrest grew out of a search warrant. Although jail time appears highly unlikely I would recommend to speak to an attorney prior to your court appearance.
You should retain a good Buffalo criminal lawyer. If you were not listed on the warrant or a suspected dealer the prosecutor may offer an ACD, but that is tough on search warrant cases. You can go to trial if the facts favor you and especially if your co-defendant took a plea and admitted the drugs were his.
You most likely were assigned an attorney and should ask him/her these questions. If not you should retain counsel as you can be charged with the same things as your roommate irrespective your knowledge.