Hello. I am 19 years old. Last week I was a passenger in a car that was pulled over.
in Wayne County, Ny. The cop said it smelled like marijuana and asked all three of us to step out. He searched us and found nothing. He proceeded to search the car and found a marijuana cigarette. I was issued a UPM. I am on financial aid and can lose my aid if I do not get an ACD. However, I cannot afford a lawyer, so please do not tell me to hire one. If it is my first UPM aren’t I eligible for an ACD? Please help.
Possibly. UPM is a violation, which means you are not entitled to a Court appointed attorney. However, lots of people get UPM tickets.
What will happen in your case is you will go to Court, the Judge will ask what you want to do, and you'll explain that if you plead guilty to the UPM you'll lose your financial aid. Then the Judge will explain your options, which will likely be: Plead guilty anyway; plead not guilty and take it to trial; or contact the District Attorney and ask for a reduction.
If you have a reasonably clean record, you've got a chance of the District Attorney working with you.
All views expressed are general opinions and do not constitute legal advice. No attorney-client relationship is established unless and until a signed retainer has been executed by the attorney and the client. You should not rely upon any opinion expressed as legal advice and should seek the advice of an attorney of your own choosing.
You should be eligible. Bring proof of your educational pursuits when you go to court and show same to your attorney. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
I suggest you review CPL 170.56 at:
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