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What should I do with a class b misdemeanor for criminal possession of marijuana

Buffalo, NY |

I had a roommate who was selling weed out of my house with out my knowing and when the police showed up with a search warrent I was arrested too as long as he admits everything was his should I be worried about jailtime

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Attorney answers 6

Posted

If the state can prove you had knowledge, either actual or constructive, you can be convicted. You should consult with a defense lawyer ASAP to go over in private all of the details.

Any response given is not to be taken as legal advice or to create an attorney client relationship.

John J. Carney

John J. Carney

Posted

The issue is more "dominion and control" than knowledge. He might have known the drugs were there by smelling pot, but not had the intent and access required for constructive possession. Knowledge is not what is crucial, intent and the ability to have control over the drugs is what the charge would entail before a jury and the allocution if he takes a plea.

Posted

On these limited facts, I wouldn't worry about jail.

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

I was coming home from work when this happened as the roommate was walking up the side walk when some undercover officers approached and he was arrested it want until about 30 mins later I was asked to come up stairs and was then arrested also even though he told them the ounce that was found was his and my name want even on the search warrant I was told the reason I was being arrested was because I was the lease holder o did also initially give the officers a rude tone because I wasn't told what WA going on

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

It is very beatable. Get a local attorney to assist you.

Asker

Posted

One more thing please, I've already been arraigned and didn't get a later the next court date is tomorrow at 830 I have signed notarized letter by both of us starting any substance found was his in more words but will this help me?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Potentially. Ask the court to appoint an attorney for you and show that lawyer the document. 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

Posted

Best to consult with a criminal defense lawyer off line. On line postings are not confidential.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

Jail time should not be a worry unless there are other factors you haven't posted. If your roommate was the target of the search warrant that will also help. From my experience, with only being charged with a "B" misdemeanor, it would appear the police did not get the amount of narcotics they were looking for. You may also fall into the Erie County District Attorney's "policy" of not offering an ACD because the arrest grew out of a search warrant. Although jail time appears highly unlikely I would recommend to speak to an attorney prior to your court appearance.

Posted

You should retain a good Buffalo criminal lawyer. If you were not listed on the warrant or a suspected dealer the prosecutor may offer an ACD, but that is tough on search warrant cases. You can go to trial if the facts favor you and especially if your co-defendant took a plea and admitted the drugs were his.

Posted

You most likely were assigned an attorney and should ask him/her these questions. If not you should retain counsel as you can be charged with the same things as your roommate irrespective your knowledge.

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