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Does a UPM stay on your record? Is it better to plead guilty or not guilty?

Corning, NY |

Got pulled over. Had a grinder with a little marijuana, a bowl (glass pipe) and a bag with about 0.5 grams of marijuana. All were taken. Got a UPM with a court date.

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Attorney answers 4


Do not just plead guilty. Retain a criminal defense lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.



Thank you so much for your quick response. What would a lawyer try to get me? An ACD or an ACOD maybe?



And how much might a lawyer cost me for this situation?


It is not that simple - there are other choices that an experienced local criminal attorney can explain & assist. Don't be foolish consult with an attorney before you do ANYTHING

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


One can always plead guilty, so there's no need to jump at that option. Talk to an attorney. There are ramifications, e.g. loss of federal student aid, which may impact your future. It's worth the price of a consultation.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


Hire an attorney. Courts sometimes allow defendants to negotiate UPM (Unlawful Possession of Marihuana) without an attorney. In these situations the defendant usually speaks directly with the court and the prosecutor (possibly even admitting guilt). UPM is not a crime, and will be sealed, nevertheless, it may result in the denial of federal funding for college, and it may prevent a person from being granted United States citizenship. If yo are not a citizen of the United States (even if you are a legal resident) you should consult with a criminal defense attorney as well as an immigration attorney prior to attempting to resolve the UPM charge.

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