I received a pink summons for unlawful possession of marijuana in New York City while sitting in a parked car outside my friend's house. I have been reading about motions to dismiss or ACDs as this is my first offense. Is this something I can do on my own without an attorney? Is so, how is that done? If not, can I be appointed a court attorney? I am attending college in Florida and don't think I can afford an attorney. Thank you in advance for your time and advice.
I will move this to Criminal Defense so the NYC crim attys can weigh in. In general, you don't need an attorney to ask for an ACD if you know enough to ask for one.
I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.
You can do your own motions, but this site isn't a replacement for law school. Are you planning on attending the court date or are you going to be in school? If you are in school, you're kind of forced to get an attorney to handle this. If you or your attorney don't appear, a warrant will be issued for your arrest.
Based on the facts you have stated, there is a good chance that you may be granted an ACD. If you cannot afford a lawyer one will be appointed on your first court date. Make sure to arrive early and discuss the case with your counsel. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
It can be done without an attorney, but in Brooklyn, a court appointed attorney will be available at arraignment and can do it for you.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Are you flying to NY? It is cheaper to hire a lawyer to appear for you. You are entitled to a public defender if you are indigent.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
You can appear in court by yourself. Since it is your first offense, most likely, you will be granted ACD (adjournment in contemplation of dismissal). Depending on what court you need to appear there will be an attorney for those who dont have one for the first day. - which is called arraignment. That attorney will ask the court for ACD and the court will grant it, provided you have had it before and there are no issues with your prior contacts with crim. justice system, your fingerprints came back clean, etc
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