Tuesday, December 30, 2014

Tips For The Concert Goer

  • Do not carry more than 25 grams of weed. Possession of over 25 grams is a crime while under 25 is a violation.

  • Smoking weed in public is a crime. If your weed is in plain view in a public place that is a crime as well.

  • Avoid smoking in your car. If the police smell the odor of burnt marijuana from a vehicle they have probable cause to search it and will want to search the occupants as well. DO NOT CONSENT to a search of your car or person. The police will find what they want to anyway and if you consent to a search of your person or vehicle, you are flushing your 4th amendment rights down the toilet. If you do have controlled substances always keep them in your trunk.

  • Albany police are generally pretty cool. If you do have an interaction with the police, be nice and polite, but be aware of your rights. Identify yourself, where you are from, and where you are going. Beyond that limited information keep quiet. Statements made when a suspect is not formally arrested can be used against you as evidence in court.

  • Try to record your interaction with the police. Make sure your keypad is locked.

  • Avoid carrying pharmaceuticals for which you have no prescription.  If you intend to carry prescribed medication, make sure it is in the original container from the pharmacy.

  • Avoid driving if you are going to party. As soon as the police detect an odor of alcohol from a driver, he or she will likely be arrested whether intoxicated or not. Never admit to drinking when driving if you are pulled over.

  • Do not consent to a search of your hotel room. The right to be free from warrantless search and seizure applies to a hotel room.

  • If you are arrested and are arraigned by a judge, there is a good chance you will go to jail. People are often arraigned without attorneys and folks from out of town are often not released. If you are arraigned without counsel be aware of the following: You have the right to be released on bail or recognizance. Be prepared to explain to the judge where you live, where you work or go to school, who you live with. Inform the judge that you absolutely intend to come back to court. You can also politely insist that you want to talk to a lawyer immediately.
I am a local criminal defense lawyer and can be reached at 518-209-3673. You can also message me on Facebook.


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