Busted upstate NY for growing 1 plant indoor

I had no weed at the time and only 1 plant with a 150 hps. Got misdemeanor for under 25g possession and unlawful grow. Have nothing on my record.... What's gonna happen to me?
 

computergroove

Active Member
You'll be OK. Probably a small fine and probation and maybe community service. It's no big deal. Realize that you knew what you were doing was illegal and you got caught. It comes with the territory. If you are going to continue to be part of this scene then you really need to take into consideration the consequences if you are caught by the police. There are now 20 states where it is legal. You might consider moving to a place where you wont get in trouble for having the herb. Watch "Never Get Raided Again" and study it well.
 

Balzac89

Undercover Mod
What were you charged with exactly? It will say on the ticket. 2xx.xx section next to the charge.

http://law.onecle.com/new-york/criminal-procedure/CPL0170.56_170.56.html

Depending if they just charged you with possession under any of these sections.
violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the
penal law and before the entry of a plea of guilty thereto or
commencement of a trial thereof, the court, upon motion of a defendant,
may order that all proceedings be suspended and the action adjourned in
contemplation of dismissal.
 

Balzac89

Undercover Mod
Public Health

§ 3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows
the plant of the genus Cannabis or knowingly allows it to grow on his
land without destroying the same, shall be guilty of a class A
misdemeanor.
 

growone

Well-Known Member
the under 25g possession should not be a misdemeanor, that should be a violation
no jail time posible with that, the other charge i think is also quite low on the penalty side
further charges are of course possible, that's where the DA spins his/her roulette wheel
i'm also a 1 plant, upstate ny grower, very interested in your outcome
 

Balzac89

Undercover Mod
Depends on your attitude and the judge.

For a class A misdemeanor (growing) your looking at 15 days to a year in jail. But that is not a definite. You will probably get probation because of no priors.

The possession ticket is a sliding fee infraction of $140.00 ticket. Plus NYS Surcharge of $93.00. So around $233 for the possession ticket.
 
Depends on your attitude and the judge.

For a class A misdemeanor (growing) your looking at 15 days to a year in jail. But that is not a definite. You will probably get probation because of no priors.

The possession ticket is a sliding fee infraction of $140.00 ticket. Plus NYS Surcharge of $93.00. So around $233 for the possession ticket.
I will private message u, but I can't... SO maybe send me a private message and I will respond back.
 

Balzac89

Undercover Mod
I'm very up to date on the possession ticket just got off on one myself. Didn't have to pay nothin got an ACOD on it.

You can't get an ACOD on it because of the misdemeanor. I would be polite and full of regret when I go to the pretrial hearing.

Tell the DA how these charges will ruin your chance to ever go to College because you will be unable to receive loans to attend school if you are charged.
 
What were you charged with exactly? It will say on the ticket. 2xx.xx section next to the charge.

http://law.onecle.com/new-york/criminal-procedure/CPL0170.56_170.56.html

Depending if they just charged you with possession under any of these sections.
violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the
penal law and before the entry of a plea of guilty thereto or
commencement of a trial thereof, the court, upon motion of a defendant,
may order that all proceedings be suspended and the action adjourned in
contemplation of dismissal.
Its the 221.05
 

Balzac89

Undercover Mod
It should be an appearance ticket for court. Make sure you don't miss the court date or they will issue a bench warrant and you will go to jail.
 
It should be an appearance ticket for court. Make sure you don't miss the court date or they will issue a bench warrant and you will go to jail.
How long will this hole process take if I got my first court in 1 week ??? Will I have to go to like an AA class too?
 

Balzac89

Undercover Mod
I got unlaw grow, the 221.05 and 1 or 2 non related charges so 3 or 4 misdemanors total.
Well I don't know what else you were charged with but get ready to pay lots of fines and you might go to jail.

I would get a lawyer if you have the money.
 

Balzac89

Undercover Mod
How long will this hole process take if I got my first court in 1 week ??? Will I have to go to like an AA class too?
There are so many different factors man. Your best indication of how this is gonna play out will be when you talk to the District Attorney at the pretrail hearing.

Then when the DA dictates when they are going to move forward with charging you for. Then you will go before the judge to plead guilty or not guilty.

The judge will sentence you immediately if you plead guilty at the pretrial hearing.

If you have the money I would get a lawyer before you talk to the DA, and have the lawyer present at pretrial.
 
There are so many different factors man. Your best indication of how this is gonna play out will be when you talk to the District Attorney at the pretrail hearing.

Then when the DA dictates when they are going to move forward with charging you for. Then you will go before the judge to plead guilty or not guilty.

The judge will sentence you immediately if you plead guilty at the pretrial hearing.

If you have the money I would get a lawyer before you talk to the DA, and have the lawyer present at pretrial.
Yeah I will go and plead not guilty to all.... A family member is pretty good friends with the DA so really not worried... NOw I am on "the list" and I am moving away.
 
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