| Despite its harsh Rockefeller Drug Laws, New York | | | | endured an arrest and paid an attorney a substantial |
| State is relatively lenient when it comes to marijuana | | | | amount of money. There are consequences. But |
| possession. If your attorney knows what he's doing, | | | | more important, the legislature decided that an ACOD |
| a first-time marijuana offense should be resolved | | | | is how a first-time offense should be handled. |
| with an ACOD (adjournment in contemplation of | | | | An attorney should be able to explain these issues to |
| dismissal) pursuant to Section 170.56 of the Criminal | | | | the local judge handling the case. And if that judge |
| Procedure Law. This applies to the Unlawful | | | | still doesn't follow the law, the attorney should be |
| Possession of Marijuana violation (221.05 of the Penal | | | | able to appeal to a more sensible Court. There will |
| Law); Criminal Possession of Marijuana in the 5th | | | | usually be an additional fee for an appeal. To make |
| degree (221.10) and Criminal Possession of Marijuana - | | | | sure it's done right, the attorney should review CPL |
| 4th (221.15). The latter two are both misdemeanors | | | | 170.56, make sure to follow all of the requirements |
| -- crimes. A violation is not a crime. | | | | of the law, and make a record showing that all of |
| In many courts the judges and prosecutors are | | | | the necessary elements were proven so that any |
| aware of this rule and will generally go along with an | | | | appeal will succeed. |
| attorney who makes the motion properly. However, | | | | It's important for clients to get the ACOD if possible, |
| there are courts where prosecutors and judges may | | | | especially for young clients. Under federal law, a |
| not accept this easily. In some courts they will try to | | | | person convicted of any drug offense is ineligible for |
| get the defendant to do community service as a | | | | financial aid. So that $200 marijuana violation can cost |
| condition of the ACOD. This is improper. While | | | | tens of thousands of dollars in lost financial aid. Also, |
| community service can be a part of a regular ACOD | | | | the marijuana ACOD is more than a dismissal. New |
| under CPL 170.55, a marijuana ACOD generally comes | | | | York law treats it as a nullity - something that never |
| under CPL 170.56. The former statute specifically | | | | happened. If you're asked if you've ever been |
| mentions community service. The marijuana ACOD | | | | arrested, this nullity means that you were not |
| statute does not mention community service as an | | | | arrested. The records are also supposed to be |
| option. | | | | sealed. If the client requests it, the attorney should |
| In other courts, they may not like the idea of a | | | | follow up with the Court to make sure the records |
| marijuana user "getting away" with no consequences. | | | | have been sealed. |
| This perception is unfair, as the defendant will have | | | | |