what does an attorney do for misdemeanor possession

Everyone charged with misdemeanor marijuana possession should hire a criminal defense lawyer to defend them. A criminal defense lawyer can review the police report to make sure that your constitutional rights have not been violated by the search.

Full Answer

Do I need a criminal lawyer for a misdemeanor possession charge?

A skilled criminal defense lawyer may be able to save you from a conviction by using one or more strategies like showing no intent (accident), lesser charges, legal defenses, negotiation with government prosecutors, motions to suppress illegally obtained evidence, and fighting false accusations. If your case does go to trial, an experienced petty theft attorney or possession of …

Is possession of a small amount of marijuana a misdemeanor?

Nov 10, 2021 · Typically, a simple possession charge covers an amount of a dangerous substance that’s used for “personal use.” According to SC Code Section 44-53-370 (d) (4), Simple Possession of Marijuana in South Carolina is a criminal misdemeanor for the unlawful possession of only one ounce of marijuana. This misdemeanor offense is punishable by a …

Is possession of a drug a felony or misdemeanor?

Misdemeanor Possession Penalties in Columbus. The possible sentences that people can receive if convicted for misdemeanor marijuana possession crimes may include the following: Minor Misdemeanor — Fine of up to $150. Fourth-Degree Misdemeanor — Up to 30 days in jail and/or a fine of up to $250. While the punishments listed above do not ...

What happens if you get a misdemeanor for controlled substance?

Aug 26, 2020 · Common misdemeanors in California include DUI/DWI, reckless driving, trespassing, drug possession, domestic violence, shoplifting, public intoxication, and solicitation, among others. Misdemeanors are prosecuted less harshly than felonies, with penalties including a fine of up to $1,000 and up to 12 months in jail (with some exceptions). Without adequate …

Can you go to jail for a misdemeanor?

For a misdemeanor, the maximum charges can be up to a year of jail time. For a felony, you could go to prison for more than 12 months. ... For example, depending on the level of severity, a misdemeanor can be raised to a felony.Jan 21, 2020

What is the jail time for drug possession?

The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.

What is a misdemeanor charge in New York?

A Misdemeanor is an offense other than traffic infraction of which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a crime.

How long do you go to jail for drug possession in NY?

2nd degreeClass A-II felony ● 3 to 10 years in prison ● Up to $50,0001st degreeClass A-I felony ● 8 to 20 years in prison ● Up to $100,000Possessing precursors of controlled substances (NY Penal § 220.60)-Class E felony ● 1 to 1.5 years in prison ● Alternate penalty of up to one year ● Up to $5,0004 more rows

What are the two types of possession?

There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control. An example of actual drug possession would be having the substance in one's pocket or directly in hand.

What are examples of drug Offences?

For illegal drugs, common offences include:possession (this can include equipment for growing, making or using drugs)use.making (this includes growing)importing.selling or supplying (known as trafficking).Oct 29, 2019

Do misdemeanors go away in NY?

Even misdemeanor convictions may have serious collateral consequences in certain situations. Unlike other states, New York does not allow you to expunge your criminal records, which would mean the record is completely destroyed and the crime and conviction is completely erased from your record.

What crimes are misdemeanors?

Common examples of misdemeanor crimes include simple assault, shoplifting, trespassing, disorderly conduct, petty theft, and other low-level offenses.

What is a Class A misdemeanor in New York?

Class "A" misdemeanors: The most severe misdemeanor crimes, these offenses include Petit Larceny, Assault in the Third Degree, Fourth Degree Criminal Possession of a Weapon and even Theft of Services.

Is drug possession a felony NY?

Law § 220.18. Criminal possession of a controlled substance in the first degree is the most serious drug possession crime. You will face this charge if you possess a minimum of 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a Class A-I felony.

How much coke is a felony in New York?

An arrest for selling 2 ounces or more of cocaine or a cocaine mixture is classified as criminal sale of a controlled substance in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison.Aug 19, 2020

What is considered a controlled substance in NY?

This license is from the New York State Department of Health (NYSDOH). Controlled substances are defined under federal law. They include opioids, methamphetamines, marijuana, alcohol products, hallucinogenic drugs and other narcotics. Federal registration is also required.

Why Should You Hire a Criminal Lawyer for a Possession Charge?

As you can see by reading through the relevant statute, you can be found in possession of up to a pound of marijuana and still only be charged with a misdemeanor.

Contact Us

If you have been charged with possession of marijuana in the State of Nebraska, it is certainly in your best interest to consult with an experienced Nebraska criminal lawyer right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.