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 Any of you guys lawyers?

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oggy420
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PostSubject: Any of you guys lawyers?   Any of you guys lawyers? EmptyFri Feb 03, 2012 2:16 pm

Need a legal question answered. In the summer of last year, i was arrested for criminal possession of marijuana (for smoking a joint) in new york city.
When i went to court it got ACD'd (Adjournment in Contemplation of Dismissal). Now im not sure if it was a 6 month acd or 1 year acd.

Last month i got a UPM which is only a violation. I have court for it in a few days. I am wondering

1. Does a violation fuck me over when i have a pending acd?
2. Would it matter that they occurred in separate counties?
3. Do i need to disclose the prior arrest even though i received an acd for it and the violation happened in a different county?
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Ludo
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptyFri Feb 03, 2012 9:41 pm

I asked someone who's a lawyer on another forum I frequent and this is what he said:

Quote :
I dont know what upm means. If it is a criminal charge, that will wreck his deferred adjudication... regardless of where it happened. But in practice, many/most of the time, the original da that charged will never follow up or check on whether he violated the terms of the deferral
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Ziggy116
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptyFri Feb 03, 2012 9:50 pm

Since this is Oggy we are talking about, lol, I'm guessing unlawful possesion of marijuana???
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oggy420
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptySat Feb 04, 2012 1:11 am

yea haha but it is a violation not a misdemeanor.
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oggy420
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptySat Feb 04, 2012 1:17 am

Ludo wrote:
I asked someone who's a lawyer on another forum I frequent and this is what he said:

Quote :
I dont know what upm means. If it is a criminal charge, that will wreck his deferred adjudication... regardless of where it happened. But in practice, many/most of the time, the original da that charged will never follow up or check on whether he violated the terms of the deferral

it's not a criminal charge or anything. There was no arrest, just a ticket with a court date. UPM is a unlawful possession of marijuana and is a violation in NY state like a speeding ticket.


If you could let him know that i would appreciate it ludo, thanks.
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LA
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptySat Feb 04, 2012 4:31 am

ACD is typically a year for weed and state wide I believe. If your first you was for herb, then you got caught again with the UPM, I'm guessing it "could" affect the ACD. So you could be looking at a violation. It's probably just gonna be a fine thing though. Cause like a ACD is a form of dismissal, so what you might be looking at is now having to pay that original fine. I'm just kind of guessing here, but I have some limited knowledge on at least ACD's. Good luck, don't stress, I'd bring a lawyer, got a freind or Dad's friend whose a lawyer?
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oggy420
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PostSubject: Re: Any of you guys lawyers?   Any of you guys lawyers? EmptySat Feb 04, 2012 11:15 am

im totally cool with paying a fine. But i just want to make sure im not in danger of that criminal possession charge going on my record. If i have a misdemeanor on my record that will really screw me over. Plus they could fuckin send me to Rikers Island for a month if they really want to fuck with me.

The criminal possession was my 1st ever offense, so i believe that is why they ACD'd it. If getting something that equates to a speeding ticket really effects that i will be really pissed. Guess it's just wait and see now.

So if i play dumb and pretend that i thought the criminal possession was dropped, and thus don't mention it at court, do you think that could work? Or just fuck me over worse?
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