public smoking, issued a DAT (nyc)

[!!!]

First offense of any kind. Smoking publicly in a park, undercover cop asks my friend "what is that" to which my friend admits is cannabis (dumb). We get arrested, cop ensures that we are only getting a ticket which usually gets dismissed. Cop seems very nice but I'm highly suspicious of his motive, but friend who's young (he is a minor - I'm not a minor) is scared I guess and begins talking in the car (not about this particular incident, but just in general).

Prints taken and I have a desk appearance ticket. Now what? I'm worried because my friend admitted the joint was weed. The cop kept the joint/weed (1g) in the car when he took us into the station. He concealed the evidence, and I don't think he just forget it in the car.

Also I want to point out that when he took the joint, he tore off the burning tip. Now, as I understand it, MPV (pot possession in the 5th degree) applies if the pot was in a public place AND lit, is this correct?

 

[ureapwhatusow]

I live in the NYC area

normally possession under an ounce first charge is dismissed in court

smoking in public I they ticket more and is a more severe penalty but it may very well receive the same treatment form city judges.

good luck

 

[!!!]

I'm being charged with a 221.40 - selling! wow. Fucking BS. It wasn't my bud, but I did pass the joint..

 

[phan]

Selling? What! that is crazy. I do remember an article a few months ago that said, NY police were getting around the low penality for possession, by asking people in possession what they had with them, telling them it was a misdemeanor and then when the person showed them the gram or two they had in their pocket they were then siteing them with public display of MJ, a much higher level offense. bastards.

 

[perennial]

Selling? That's bullshit. Do you think it had anything to do with your friend being a minor. Maybe they think you were corrupting a minor or some shit. At least you didn't provide the bud. Maybe your friend talked up some other shit in the cop car.

Selling for passing a joint, I'm thinking that one is going to get laughed out of court. If that's not a mistake, you better lawyer up.

 

[tokinafaty420]

I'm being charged with a 221.40 - selling! wow. Fucking BS. It wasn't my bud, but I did pass the joint..

Fight that shit, it can be beaten. Passing a joint back and forth does not constitute Distribution of a controlled substance. That law was clearly written to target drug dealers and traffickers. Seems to me they are trying to scare you into talking.

 

[supermanlives]

dont feel bad .smoking even a ciggie in ca parks gets you a fine

 

[Ontariostoner]

Smokin' w/ a minor is prob what got your ass tagged

Let kids smoke w/ kids - adults smoke w/ adults

Same w/ sex

IMHO

 

[Happy Haole]

Stop hanging out with kids....best advice I can give ya.

 

[!!!]

I usually don't. I was hanging out with this kid because his bro, one of my best friends (my age), got into trouble and I haven't heard from him in a month. I wanted to catch up.

Here's what's weird. 221.40 is not sale to a minor.. but the minor had the bud, so I'm not sure how he came up with that offense.

I wonder what evidence they have against me if I decide to go to trial. Other than probably trying to scare the kid into testifying against me, I doubt they have much of a case. $10 in my wallet for a "2g - 25g sale" charge? That's a hell of a deal I'd be giving if I did sell!

170.56 (granting ACD for 'marihuana' offenses where eligible) covers offense 221.40, and I am eligible for an ACD, so I should be able to get this adjourned and dismissed. That basically means the trial is adjourned (suspended) for 1-12 months, and if I don't get in trouble within that time period, they dismiss it and seal the record, otherwise it goes to trial.

anyone have experience with this?

 

[cocktail frank]

every time i got popped in NYC with herb, i walked outta court with nothing but a waste of a few hours.
just dont get locked up on a friday, or u hanging in the cell til monday AM.

 

[Vermonster]

I am shocked if this amounts to anything, although the minor sucks. i know someone who got caught with 68 xtc pills in central park and didnt get a day in jail....nyc is generally very relax. esp Brooklyn

 

[ureapwhatusow]

yeah

its all about if they think your getting high or getting paps

you getting paid then they get paid or you see the judge

N *MF* Y 4 LIFE!