Ithaca Elmira Lawyer: Can you get an ACD for a Marijuana Offense in NY? CPL 170.56

Can you get an ACD (Dismissal)

for a MARIJUANA Offense

in New York?  

In this video, Attorney Mike Cyr explains about a special law in New York that allows for an "Adjournment in Contemplation of Dismissal" for a single marijuana offense.  

There are certain criteria that you must meet to qualify for this special law:

-you cannot have a criminal record
-you cannot have ever used this law before
-you can only be charged with 1 offense 
-you must file a legal motion (need a lawyer)

Criminal Procedure Law 170.56 is a very special law in New York that was designed to help people only charged with a marijuana offense --this includes ANY level of crime as long as you only have 1 charge.  

This law is really critical is you are charged with a marijuana offense in New York and rely on ANY Federal Student Loans or other Student Aid -- because it can help save your ability to go to college or graduate school if used right.  

If you have questions, call us: 607-229-5184 

Send me an email: mike.ithacadwi@gmail.com

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*This video is NOT intended as legal advice.  If you are charged with a crime or violation in New York, we strongly urge you to consult with a licensed attorney.

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BY MIKE CYR

Ithaca Drug Lawyer explains: the legal PRESUMPTION of who possessed drugs in "open view" in a ROOM

Assorted narcotics found in house (image courtesy www.fillmoregazette.com)

THE LEGAL PRESUMPTION 
THAT YOU POSSESS NARCOTICS 
IN "OPEN VIEW" IN A ROOM

Yesterday I explained the legal presumption of drug possession in AUTOMOBILES

Today, I'll explain the other section of the same statute, Penal Law s. 220.25, that addresses the legal presumption for private rooms (as opposed to public places)...

Here's the text of the law we're talking about:

2. The presence of a narcotic drug, narcotic preparation, marihuana or
  phencyclidine  in  open view in a room, other than a public place, under
  circumstances evincing an intent to unlawfully mix, compound, package or
  otherwise prepare for sale  such  controlled  substance  is  presumptive
  evidence of knowing possession thereof by each and every person in close
  proximity  to  such  controlled  substance  at  the time such controlled
  substance was found; except that such presumption does not apply to  any
  such  persons  if  (a)  one  of  them,  having  obtained such controlled
  substance and not being under duress, is authorized to  possess  it  and
  such  controlled  substance is in the same container as when he received
  possession thereof, or (b) one of them  has  such  controlled  substance
  upon his person.

Let's break it down... 

For this legal presumption to apply, the following factors MUST be present: 

-illegal drugs must be in "open view"

-must be in a room, like a house, apartment, office, etc (not a public place)

-you must be in close proximity to the drugs (not in another room)

-the drugs must be set up or prepared in a way that looks like they could be sold... (but this section has broad reaching definitions...)

EXCEPTIONS: 

-if somebody has valid prescription and original bottle

-if the drugs were found on your person (in your pockets, etc)

How does this law get applied?  

THE POLICE CHARGE EVERYBODY IN THE ROOM WITH POSSESSION IF THEY DON'T 

KNOW  WHO OWNS THE DRUGS.  

So...you will need an attorney to fight the presumption.  

--SUMMARY THOUGHTS--

Drug possession charges are serious at any level.  There is always plenty of police officer observation that can make defending these cases very complicated. 

It is an absolute must to have a lawyer challenge the presumption of possession in these types of room cases. 

BY:  Attorney Mike Cyr 


P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca DWAI Drugs lawyer explains: the PRESUMPTION that Everybody Possesses Drugs in a Car in Ithaca, NY

Weed All Over Car Interior (image courtesy of www.taringa.net)

EVERYBODY IS PRESUMED TO POSSESS "LOOSE" DRUGS IN A CAR in NY

The law is well-settled in NY in this area of practice.  Basically, if there are drugs out in the open in a vehicle that you're in (like pills on the floor, or weed under a seat, or bags of drugs between two passengers in the back seat) ---then the law makes a PRESUMPTION that everybody in the car possessed the drugs.   So, the police charge everybody in the car with criminal drug possession.  

This rule is governed by, Penal Law, s. 220.25, which states (for automobile):  

1. The presence of a controlled substance in an automobile, other than a  public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time  such  controlled substance  was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the  time  operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person  in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to  possess  it  and such controlled  substance is in the same container as when he received possession thereof, or (c) when the controlled  substance  is concealed upon the person of one of the occupants.

To make things easier, I'll break down the law.... (the purpose of this blog) 

-If there are drugs out in the open in the passenger compartment of an automobile (car or truck), then the law PRESUMES that everybody knew about the drugs' presence and possessed them equally.  

-EXCEPT:  if the person driving is a cab driver or 

-EXCEPT:  if the drugs were CONCEALED by a person in the car (not out in open)

-EXCEPT:  if a person in car has valid prescription and original bottle for it

-EXCEPT:  if drugs were stashed somewhere else in the car and hidden, the presumption does not apply

WHAT EFFECT DOES THE PRESUMPTION HAVE ON YOUR CASE? 

Well, it is something that must be overcome.  It is certainly not helpful to defending your case, but it is something that can be fought.   It is one of the few times in the criminal justice system where the "burden shifts" from the prosecutor to the defendant.  

Normally, in our justice system, the burden of proof is on the District Attorney's Office to prove BEYOND A REASONABLE DOUBT that a particular defendant committed a particular crime.  

So, the obligation is always on the prosecutor to prove stuff.  

In a "car drug" presumption case, the burden is now on the DEFENDANT to DISPROVE the presumption that he or she possessed the drugs (or even knew about the drugs) in the car.  

Some types of things that can be important to fight against this presumption: 

-if car is not your own
-depends on where drugs were found (front seat vs. back seat)
-where you were sitting in car
-where you were going --time of day/night
-how well you know the other people in car
-why you were riding in car 

Here's an Example: 

Two young men were driving in the late afternoon to a supermarket.  The driver was using his mother's car.  They ran a stop sign and were pulled over by police.  Upon peering into the car, the police officer spotted several loose pills on the floor of the front passenger seat.  Both young men were arrested and charged with Class A misdemeanor drug possession.  

-However, the mother testified that she had a prescription for Oxycodone due to a serious injury she had --and that the day before the boys took her car--she dropped her purse on the floor of the car and several pills must have fallen out of her purse.  

She provided the prescription and bottle to the prosecutor and the young men had charges dismissed.  

In this case, the young men beat the presumption that they knew or possessed the illicit drugs.   

--SUMMARY THOUGHTS--

If you are riding in a car with people (especially high school and college age students), you may find yourself fighting drug possession charges if the car is pulled over and drugs are found anywhere in the passenger compartment.  

If ever charged with a drug crime or Driving While Ability Impaired by Drugs (DWAI) VTL 1192.4 --it is really smart to get a lawyer as fast as possible.  

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi