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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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i was caught consuming alcohol in a vehicle, i was not the

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i was caught consuming alcohol in a vehicle, i was not the driver. I was also caught with 6 baggies of marihuana adding up to about 16 grams. The judge says it is two violations and a driving infraction. I live in New York. How will i be charged?

Were you offered a plea? What exactly did the judge want you to think about?
Customer: replied 5 years ago.
He did not offer a plea. there wasn't a district attorney there. Next time i go back there will be he said. He said i would have to hire a lawyer if i wanted one because one would not be provided for me. He told me i could plea guilty or not guilty. I told him i was not familiar with the court process and i didn't really know what to do that was best for me.
Thank you for the additional information.

If you have no prior record, it is likely that you can work out a fairly favorable resolution to the case. For a first offense marijuana possession under 25g, the maximum penalty is $100 (no incarceration). The penalty for the traffic infraction is a fine up to $150 and/or 15 days in jail. It is highly unlikely that you would get jail time for such a minor offense. For a first offense, you will likely be offered a fine, a diversion program, or adjournment in contemplation of dismissal. Diversion basically means that when you complete a program (usually drug or alcohol education based on these offenses) the case is dismissed. Adjournment in contemplation of dismissal means the case is put off for a period of time (usually six months) and if you stay out of trouble for that time, the charge is dismissed.

When you go to court the next time, if you are able to get there early, you may get a chance to talk to the prosecutor before court starts and find out what the offer in your case is. Then you can make a decision about what you want to do. If you reject the plea, you will have to represent yourself at trial and defend yourself if you can't hire an attorney. So unless you have a good defense, it is likely in your best interests to try to work your case out for one of those outcomes I listed above. As I said, if you don't have a record or it is minimal, you should be able to resolve it for a minor penalty.

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