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Violation of 221.05: Unlawful possession of marijuana. SAP-D and Section 160. 50 CPL

New York, NY |

My younger brother was 16 when he got caught smoking marijuana about three months ago. He was charged with a violation of 221.05, unlawful possession of marijuana and got a summons to appear in court on June 8. This is his first offense. Just today, I received a letter stating that my brother's case was dismissed on 5/29 in Part SAP-D and was sealed pursuant to Section 160.50 CPL. It also says no appearance is required for this matter.

I was wondering if this will appear on his record and whether or not he has to indicate he was arrested in college applications/financial aid applications? Can anyone open the record? If so, who?

In addition, my brother was 16 at the time of arrest and I was wondering why no one made a phone call to my parents at the time of arrest?

Thank you!

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Attorney answers 5

Best Answer
Posted

I can’t tell you why no one called your parents at the time of “arrest” but if I had to speculate it’s because they weren’t taking you brother into custody and they simply issued him a summons. The case was dismissed and sealed. Because he was issued a summons he wasn’t fingerprinted. This will not show up anywhere and he can lawfully answer that he hasn’t been arrested or convicted of a crime.

Asker

Posted

Thank you very much for answering! On a side note, I see that you contacted me. I did pick up and I can hear you speaking, but it seems you couldn't hear me. I'm really sorry about that!

Posted

If a summons is facially defective it can be dismissed by the court prior to the return date without the accused being present. In New York you are treated as an adult at 16 years of age, younger for some designated felonies. It sounds like he was not arrested as he only received a summons. This should not affect his future in any way whatsoever.

Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

Asker

Posted

Thank you very much for the prompt answer. I really appreciate it!

Richard C. Southard

Richard C. Southard

Posted

You're welcome.

Posted

It will not appear.
He does not have to mention it.
He is an adult @ 16 for criminal charges so they don't have to alert the parents.
Can't say why it was dismissed except that sometimes good things happen.

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 substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Thank you for answering!

Posted

If there was no interrogation of your brother then there would be no need to call his parents about the arrest. If questioned about any arrests he should always tell the truth or run the risk of an adverse inference based on his fabrication. Thankfully many applications only ask about convictions. Good luck.

I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Asker

Posted

Thank you for answering!

Posted

The dismissal is basically a legal nullity and therefore there is nothing to report and nothing should appear on his record. However, I will tell you that I have had clients whose records were incorrect and had to be corrected. If it does show up on the record you can have it corrected. Nonetheless he does not have to report it. They didn't call the parents because he wasn't arrested or printed.

Asker

Posted

Thank you very much for answering!

Steven Marc Raiser

Steven Marc Raiser

Posted

My pleasure.