What is UPM?
Unlawful possession of marihuana, or UPM (also pronounced marijuana by some), is basically a violation rather than a crime. The first offense carries a charge of $100; another violation within 3 years carries a fine of $200, and a third offense carries a fine of $250. The courts can also (or instead) send you to Fifteen days in prison for a third-time violation. A required surcharge is imposed on every conviction: $120 in municipal court and $125 in county court.
Possessing a little amount of marijuana is illegal under the New York State Penal Code, unlawful consumption of marijuana. The amount might be the drug itself, marijuana remains in pipes, or marijuana cigarette leftovers (joint).
Defendants are usually arrested and convicted with UPM after law enforcement stops them, questions them, and uncovers a tiny amount of marijuana on them. The marijuana might also be discovered in the plaintiff’s vehicle’s ashtray after a traffic violation. people charged with UPM often simultaneously are charged with another violation, like a speeding ticket.
Consumption of tiny amounts of marijuana was ‘decriminalized’ in New York City several years ago. This does not, however, mean that marihuana is legalized in this state. Not at all. Consumption of any quantity is still considered illegal. And, as a previous article in the New York Times showed out, a cop with even the tiniest smidgeon of initiative can raise ‘unlawful’ to ‘criminal.’
Criminal Possession of Marijuana (CPM) in the 5th Degree, Penal Law Section 221.10, is by far the most usually prosecuted marijuana crime in the city of New York. This offense can be committed in one of two different ways:
- publicly holding marihuana (whether or not it is burned) or
- Openly carrying more than 25 grams of marihuana (whether or not it is burned).
What are the legal ramifications of being found in the act of possessing UPM?
Most district lawyers’ offices in New York handle Unlawful Possession of Marijuana (PL 221.05). This offense carries the possibility of a prison term, financial penalties, community work, and other penalties. This offense, also known as UPM, can be raised to Criminal Possession of Marijuana in the Fifth Degree depending on the quantity of marijuana detected in a defendant (PL 221.10). A marijuana allegation can be elevated to a more severe felony charge under the proper conditions.
Any person in possession of fewer than 0.025 kilograms of marijuana, or about 7/8 of an ounce, is subject to UPM charges. Furthermore, when an individual is caught with less than 2 ounces but much more than 25 grams of marijuana, or when a person is caught while smoking marihuana publicly, law authorities can prosecute them with the Criminal Possession of Marijuana, which is punishable under the Criminal Code 221.10.
Supplying even a small amount of marijuana to a friend is yet another way to fall into the Misdemeanor of Criminal B category for violation UPM unlawful possession of marijuana. That is, a person who intentionally sells any concoction, compound, combination, or materials comprising marijuana is guilty of criminal sale of drugs in the 5th degree, according to Penal Law 221.35.
The words “preparation,” ” “mixture,” “combination” and “substance” are used in the legislation to encompass the recent surge in different marijuana-type goods like as marijuana waxes, oil, resin, or any variety of cannabis concentrates that might become popular over time. Nevertheless, these drugs are just as illegal to consume as regular marijuana.
There are some unintended implications to think about. Any drug conviction might have a lot of unfavorable side effects. A drug-related offense might make it difficult for a student to receive financial help. When a suspect is sentenced in federal district court, a past UPM charge will be added as a “criminal background point.” If you are a non-resident citizen, a single conviction for marijuana possession (less than 30 grams) could prevent you from returning to the nation.
Most college students show up in court on marijuana charges without realizing that a conviction can lead to the rejection of some of these college loans. A federal rule has been established to make it illegal for a student to receive monetary aid.
For students accused of any offense under Federal or State law regarding the consumption or distribution of prohibited material, the governing statute is 20 U.S.C. Section 1091, which suspends their qualification for any grant of federals, federal loans, or federal work-study monetary help.
What if I submit a guilty plea?
Despite the fact that UPM is merely a minor infraction with a usual fine of $100.00 (plus a hefty New York State fee), a history is generated that may force you to reveal the offense to current and prospective employers, especially government agencies. You might be unable to acquire financial assistance for college if you have been convicted of UPM. Consider losing tens of millions of dollars in financial assistance or a fine job because of a small bit of marijuana.
What are my options?
If you have been charged with UPM, unlawful possession of marijuana, or any other marijuana-related violation, or know you are under investigation, you require skilled legal assistance to safeguard your rights, clear your doubts, and secure the best result possible. So, even if this is your first UPM, it’d be a prudent option to contact a lawyer. If you try and manage it alone, there are several multiple risks. There are several lawyers whose rates for a UPM lawsuit are absolutely reasonable.
The case isn’t being dismissed completely. It’s a conditioned dismissal, which means the lawsuit won’t be dropped unless the terms are met. The restricted period can run for up to a year. The accused’s only process is generally that he or she not be detained in the conditional time. However, matters can go horribly wrong at times. There are people whose UPM cases are settled by an ACOD.
One of the ACOD’s requirements was that one has to participate in group counseling. This careful and enjoyable marijuana user eventually found herself or himself attending weekly sessions alongside drug abusers, crackheads, and a counselor who takes her or him as a dangerous drug abuser. This is not going to occur if he or she has a lawyer.
You must defend yourself against the accusations. Even though it’s your first UPM, an expert Drug Offences Lawyer can help you pursue the charges by hiding evidence or uncovering flaws in the documentation and prosecutions. A skilled lawyer will, or at the very minimum, be prepared to negotiate a fair pleading arrangement in your favor.
Defend yourself against the allegation. Find a lawyer, just go to trial, and defend the charge. When a stop is made improperly, you might be issued an appearance ticket. The smallest quantity of marijuana is often overlooked and cannot be proved at trial. You ought to be aware that contesting the case can be expensive, and defendants, who are generally Assistant District Alwyerds, are quite proficient at achieving a conviction.
What exactly is an ACOD? What does this imply for me personally?
You do need the assistance of a lawyer to submit a motion to drop the charges (ACOD). There seems to be a part of the Criminal Procedure Law called “Adjournment in contemplation of dismissal in cases involving marihuana.” The chapter lays forth very detailed standards that you can discuss with a lawyer.
The most significant prerequisites are that you have never been in severe trouble before and that you have no other accusations pending against you. On a case-by-case basis, there are very particular reasons to be addressed. The costs of getting a lawyer for filing an ACOD motion are typically low, ranging from $400 to $1000 based on the details of your matter.
When a suspect is given a postponement in anticipation of discharge, he or she must refrain from being detained for a set amount of time, generally 6 to 12 months. If the accused agrees and is not caught again, the case is considered solved, and the matter must always be sealed like it never happened. To secure an ACOD, you may be obliged to undertake community service.
If you disobey the ACOD, the accusations might be pursued against you again. In Albany City Court, this happens when a defendant breaks the terms of his ACOD and now has to deal with both his or her new charges and the previous charges that could be dropped.
Even though the ACD is approved, the court might impose conditions such as community service or drug education. If you’ve been accused of a prohibited substance offense, you won’t be able to get an ACD. If you’ve been convicted of another felony or a juvenile court adjudication concerning illicit substances, you can only get an ACD with the approval of the prosecutors.
So it can be said that a lawyer is the best alternative to avoid all the mentioned hassles and mishaps while resolving your first UPM case successfully.
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