My husband was given a ticket for unlawful posession of marajuna. When he went to court the judge wouldn’t even talk to him w/o a lawyer.

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My husband was given a ticket for unlawful posession of marajuna. When he went to court the judge wouldn’t even talk to him w/o a lawyer.

I thought that this charge was just a violation and he would just receive a fine. Do we really need a lawyer? Wht wouldn’t they even talk to him? that seems a bit thrump up for a simple possession ticket. Please help.

Asked on May 20, 2009 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Any drug possession charge under New York criminal law is a serious charge.  The amount of marijuana your husband had in his possession is the key to the criminal charge against him.  Unlawful Possession is the least serious and treated as a non-criminal violation which means that your husband will have no criminal record if he is found in violation of this section of the penal law.  The fact that the Judge would not even talk to him may be an indication that it is more serious than you think and it may be a good idea to speak with a lawyer.  A lawyer would be able to determine  the validity of the charge and if the circumstances surrounding the ticket could be a factor in his case.   


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