BUFFALO, NY MARIJUANA POSSESSION – ATTORNEY ANDREW S. TRAVIS
While it is true that medical marijuana is soon to be legalized in the State of New York, it is still a crime to be in possession of marijuana without a prescription. Marijuana possession is one of the most frequent charges encountered by a criminal defense attorney. Why? With marijuana being the most common controlled substance, there is a very casual attitude about its use. Its strong odor is easily detected at a traffic stop and users tend to take less precaution to avoid detection. In the State of New York, it is illegal to use, possess, distribute or be under the influence of marijuana. The penalties can include heavy fines, jail time and a permanent criminal record. Don’t let your future go up in smoke. Call Attorney Travis today to start building an aggressive defense to protect your rights and future.
CRIMINAL MARIJUANA POSSESSION PENALTIES – NY
In the State of New York, the degree of offense against marijuana possession depends on the quantity and manner in which it was discovered and whether it was intended for sale.
|Type||Amount||Maximum Charge||Penalty Range|
|Criminal Possession of Marijuana||25 grams to 10 pounds||1st degree to 5th degree possession||5 days to 15 years imprisonment, $100 to $5,000 fine|
|Criminal Sale of Marijuana||2 ounces to 10 pounds||1st degree to 5th degree possession||3 months to 15 years imprisonment|
DEFENSES FOR MARIJUANA POSSESSION: ILLEGAL SEARCH AND SEIZURE
Andrew will challenge whether your constitutional rights regarding illegal search and seizure were violated when the marijuana was discovered. A police officer may not search your person or vehicle, or abuse “stop and frisk ” laws, unless they have probable cause to believe that you are engaging in criminal activity. If “probable cause” cannot be justified, then any evidence obtained during the search can be excluded from Court, by filing a Motion to Suppress the evidence.
Hiring an attorney who understands these rights is key in any marijuana-related case. Evidence is suppressed more often than people realize, and you may very well have a strong defense. Contact Attorney Travis today for your free initial consultation. Trust Travis.