I am 16 years old. I was pulled over by a cop while sitting in front of my house. The cop searched the car and found a little clip of a marijuana blunt. He charged me with criminal possession of marijuana in the 5th.
I suggest you review CPL 170.56 which can be found at:
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If you have no prior offenses, it is likely that you will get an adjournment in contemplation of dismissal, which means that if you stay out of trouble for one year, the case will be dismissed and your record sealed.
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I don't know what you mean by "waived" but there may be a way to get the case dismissed.I suggest that you or your parent(s) hire a criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Do you have to appear at the court in Central Islip? I suggest you tell your parents/guardian and have them retain an attorney for you.
A competent criminal attorney should be able to arrange either a dismissal or an ACD. You cannot plead guilty or you will lose your driver's license.
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.
There are ways to get this case dismissed. If this happened in Suffolk county, they will want to see your parents there with you so don't try and handle this yourself
As the other lawyers have said, if you have no priors you will probably get an ACD (Adjournment in Contemplation of Dismissal). If you get a Marihuana ACD, you must stay out of trouble for one year and then the case gets dismissed and sealed, except law enforcement will be able to see the arrest and the dismissal.
Sometimes, a lawyer can get the prosecutor to agree to a "straight ACD" which gets dismissed and sealed in only 6 months. Your lawyer will have to present facts about the case, the arrest, the search and also facts about you to convince the DA to do that. The best thing is for you to get a good lawyer to represent you. Good luck.
Mr. Tormey is a former prosecutor in the Manhattan D.A.'s office and a Bureau Chief of the Special Investigations Bureau of the Special Narcotics Prosecutor's Office. He has been handling all types of criminal cases and personal injury cases for over 26 years. Any answers to questions are for general informational purposes only and do not establish an attorney-client relationship,
You should be eligible for an adjournment in contemplation of dismissal pursuant to Criminal Procedure Law section 170.56. That means if you are not charged with any crimes over the one year adjournment, the charge will be dismissed.
I am a former prosecutor and have been handling criminal, DWI and personal injury cases for over 16 years. www.elbertlaw.com
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