Can I keep a criminal Possession of Marijuana off my record? 4 Answers as of May 04, 2011

I was a passenger with my friends when the owner of the car was speeding so the cops pulled us over. They asked all of us out of the car and searched us. Didn't even know why we were searched. I had a small amount of pot for my personal use in my pocket. I was then taking to the police station and fingerprinted. Nobody even read me my rights. He ended up writing me up an court appearance ticket for Criminal Possession of Marijuana. This is my first offense. I don't have enough money right now to hire a lawyer or else I would. I qualified for a public defender and went to the first hearing. He didn't say two words to me, just handed me a paper for my next court appearance. I have left telephone messages to my PD and no response. What happens now? Also what are the chances of this not being on my permanent record? I'm also scheduled to move to Texas at the end of the month, which is 3 days after my next court hearing. Thanks a lot for any help.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you can not afford an attorney and are not satisfied with your assigned attorney, you can try to get a different attorney assigned to you.
Answer Applies to: New York
Replied: 5/4/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
In New York State you are entitled to an ACD or "Adjournment in Contemplation of Adjournment" if you have never had a prior conviction for marijuana. After six months the case will be dismissed if you are not re-arrested. Your lawyer may be setting the case down for motions and hearings to see if thee was a legal search to have the drugs suppressed and therefore the case dismissed. If you call your attorney and he does not return your calls tell him you will report him to the Bar Association. That will get his attention. You deserve to have your options explained to you and your attorney should return your calls, but some public defenders just don't care to take the time to explain things or return calls.
Answer Applies to: New York
Replied: 5/3/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
Have you been offered a marijuana ACD? You sound eligible. There also sounds like a major suppression issue regarding the search.
Answer Applies to: New York
Replied: 5/3/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
Based upon the facts you presented you may have a very good search issue. That means that you can challenge the seizure by the police of the marijuana that was found on you. Other than that, New York does have a marijuana ACD (adjournment in contemplation of dismissal) where the charges are administratively dismissed.
Answer Applies to: New York
Replied: 5/3/2011
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