What are the basic penalties for Unlawful Possession of Marijuana 221.05? 3 Answers as of February 18, 2014

So long story short, me and a couple of my friends decided one night to smoke in my friend’s car and basically a cop car ended up busting us. This is my first offense ever and that was my first time ever smoking weed and honestly I hated it and vowed never to do it again. Now my court date is scheduled in a few months. What I am really worried about is how this will look on my record. I have had a completely clean record thus far until now and I am currently 17 and a senior in high school. I have applied for FASFA already and am very scared that this will affect my financial aid because I NEED the financial aid in order to go to college. Also, the court date is 2 days after my 18th birthday (I know great timing). Will they still consider the fact that I am a minor since it happened when I was 17, or will they try me as an adult and basically have me screwed forever. Is there a way I can have this removed from my record? What are the basic penalties for Unlawful Possession of Marijuana 221.05? Also I'm from Rockland County in New York. Also, my parents do now know and I plan to keep it that way.

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Hein, Waters & Klein
Hein, Waters & Klein | Irwin G. Klein
P.L. 221.05 is a violation, not a crime, punishable only by a fine of not more than $100.00. The Court may also Dismiss the case outright or Adjourn the case in Contemplation of Dismissal under certain circumstances.
Answer Applies to: New York
Replied: 2/18/2014
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
You're treated as an adult at the age of 16 in New York State. Marijuana convictions can affect your eligibility for financial aid but you sound like you qualify for a Marijuana ACD under Criminal Procedure Law 170.56. If your lawyer gets that result for you, the entire case can be dismissed and sealed if you can stay out of trouble for one year. I am not sure keeping it from your parents is a wise move as they would be likely to help you pay for an attorney who can help you get the charges dismissed.
Answer Applies to: New York
Replied: 2/18/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Possession under 221.05 is considered a violation, not a felony or misdemeanor. You face up to a $100 fine. A violation is like a traffic ticket, which means that you have no criminal record and records of your arrest and conviction would be sealed. Moreover, if this is your first offense, the judge may let you take an ACD (adjournment in contemplation of dismissal) which would mean that if you say clean for six months, the case will be dismissed and you will not be left with a criminal record. Thankfully, if you stay out of trouble, this will not ruin your education and career. But you would be very wise to retain a criminal defense counsel to go to court with you. By the way, even if you were still 17, you would be treated as an adult in a case like this.
Answer Applies to: New York
Replied: 2/18/2014
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