Unlawful Possession of Marijuana (UPM) and the ACOD

Thanks to the internet, I have noticed that people calling about UPM cases are pretty well informed about the law in advance of their call to me. Many of these people call simply to confirm what they think they already know. What many people know is that UPM (New York Penal Law Section 221.05) is punishable by a fine of no more than $100.00 for the first offense. What many people do not know is that a conviction for UPM requires a mandatory surcharge of $95.00 in addition to the fine, so a guilty plea for a first offense will cost a couple hundred bucks. My fee for handling a local UPM case starts around $300.00. Very often I can spare my client a trip to court (if certain conditions are met) and almost all of the time I can get the case dismissed. Clearly, hiring a marijuana lawyer is money well spent for a UPM case. Sadly, I see many UPM defendants plead guilty to the charge. They just don't think a lawyer is necessary and unfortunately, most judges do not encourage the defendant to find a lawyer and they accept the guilty plea. Unlike misdemeanor or felony cases, there is no statutory or constitutional right to a public defender for a UPM case (which is very unfortunate due to the seriousness of the collateral consequences of controlled substance convictions).

What many people also know is that many UPM cases are dismissed. It's called an ACOD "Adjournment in Contemplation of Dismissal", (New York Criminal Procedure Law Section 170.56) To avail yourself of the benefit of an ACOD, you generally will need a lawyer. It is not a simple matter of asking for it. And the judge will want to get the prosecutor involved. This is where you really need a lawyer to help you if you are thinking of going at it alone. This is not an outright dismissal. It is a conditional dismissal and the the case will not be dismissed until the conditions are met. The conditional period can last as long as twelve months. Usually, the only condition is that the defendant not get arrested during the conditional period. But sometimes things can go wrong, very wrong. For example, I spoke with someone the other day whose UPM case was resolved by an ACOD a couple of years ago. One of the conditions of the ACOD was that she attend group counseling. This recreational and responsible marijuana smoker soon found herself at weekly meetings with heroin addicts, crack heads, and a counselor who insisted this young lady was a serious drug abuser. Had she found a lawyer, this would not have happened.

If you find yourself charged with UPM in New York, you would be very wise to talk to an attorney. There are many things that can go wrong if you try to handle it yourself and there are many lawyers (like me!) whose fees are very reasonable for a UPM case.