Is my boyfriend able to keep a drug charge off his record in New York if he pleads no contest in court? 6 Answers as of March 21, 2011

If he pleads ‘no contest will this stay off his record? My boyfriend is being charged with misdemeanor charges. Last night at 3 a.m. my boyfriend was arrested for drug charges in his own apartment. Police found pot in one of his roommate’s rooms.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
There is no "no contest" plea in New York. In some states like Rhode Island you can plead "nolo contendere" or "no contest" and this is the same as a guilty plea.Sometimes you can have the record expunged after a year if you stay out of trouble. New York does not allow expungement unless you go to Judicial Diversion, a 24 month treatment program, but you can get a marijuana ACD or Adjournment in Contemplation of Dismissal where the charges will be dismissed after 6 months or a year if you are not arrested again. If the drugs were found in his friends bedroom he can be charged but his attorney can win the trial unless he confessed to ownership of the drugs. You can be arrested for drugs in a house or car that you and others are in, but under most conditions there is not enough proof for the DA to prove the case so it is dismissed prior to trial unless there is strong proof of "constructive possession" which is exercising "dominion or control" over the drugs.
Answer Applies to: New York
Replied: 3/21/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
There is no such thing as a "No Contest" plea in NY. What he should do is hire the best attorney he can find and fight the charge. Or, if its just a pot charge, then he may be able to get an ACD meaning an Adjournment in Contemplation of Dismissal on the case which would leave him without a drug conviction and his record will be sealed as long as he does not get rearrested for the next year.
Answer Applies to: New York
Replied: 3/21/2011
Raiser & Kenniff, PC
Raiser & Kenniff, PC | Steve Raiser
There is no such thing as a no contest plea in NY. If he pleads guilty it will stay on his record for the rest of his life. There are several defenses available if it's only pot and it was not on him. In addition if it's his first offense he will most likely not have to plea to any criminal offense.
Answer Applies to: New York
Replied: 3/21/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally a plea of no contgest still gives you a criminal record.
Answer Applies to: New York
Replied: 3/21/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
New York does not have a "no contest" law per se. However, he may be eligible for a marijuana ACD (adjournment in contemplation of dismissal). The result of an ACD is no criminal record. Give me a call if you have any further questions. Good Luck.
Answer Applies to: New York
Replied: 3/18/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Your boyfriend should not do anything until he consults with a lawyer. If he pleads guilty, he may end up with a criminal record, which has long term consequences. There is no "no contest" plea in New York, except under extremely rare circumstances. If his case is handled properly, he may be able to negotiate a plea to a non-criminal offense, also known as a violation. Advice: proceed slowly, and hire a lawyer.
    Answer Applies to: New York
    Replied: 3/18/2011
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