Marijuana Appearance Tickets in New York City
New York law allows an officer to write an appearance ticket in certain misdemeanor marijuana cases. The benefits of New York's desk appearance ticket include the fact that the person is not formally arrested and booked into the jail. Instead, the person is released at the scene immediately after the desk appearance ticket is issued. Only offenses for marijuana possession under NY Penal Law § 221.05 qualify for a desk appearance ticket.
Queens Marijuana Ticket Defense Attorney
If you received an appearance ticket for possession of marijuana in New York City including Queens, Brooklyn, Manhattan or the Bronx, then contact an experienced criminal defense attorney focused on fighting marijuana crimes. Contact Rochelle Berliner, and experienced criminal defense attorney in Queens and member of the NORML Legal Committee to find out the best ways to resolve the desk appearance ticket to protect your rights and avoid a criminal record and many collaterial consequences that could otherwise linger long after the case is over.
Requirements for a Desk Appearance Ticket in a NY Marijuana Case
New York Criminal Procedure Law § 150.75 generally provides that an appearance ticket shall promptly be issued. In many cases the NYPD officer fails to promptly issue the desk appearance ticket and prolongs the detention long enough to locate some other type of contraband on the individual. In those cases the legality of the prolonged detention might be subject to attack through a motion to suppress the physical evidence seized by the arresting officer.
The law also provides that the service and issuance and service of the appearance ticket in New York may be conditioned upon the posting of pre-arraignment bail as provided in Criminal Procedure Law § 150.30 but only if the police officer:
- reasonably suspects that the defendant does not reside within the State of New York;
- reasonably suspects that the person has provided a false identification or residence address; or
- is unable to ascertain the defendant's identity or residence address.
The individual under suspicion for possession of marijuana is not eligible for a desk appearance ticket if the officer determines that the person has previously failed to appear in court as required by the terms of the appearance ticket or by order of the court.
Attorney for an Appearance Ticket for a Marijuana Charge in Queens, New York
If you were issued a desk appearance ticket for possession of marijuana in New York City including Manhattan, the Bronx, Brooklyn or Queens, contact Law Office to discuss the particular circumstances of your case. Queens criminal defense lawyer Rochelle Berliner is an attorney on the NORML Legal Committee, which is an organization that fights for the reform of marijuana laws in the state of New York and throughout the rest of the country.
Call or submit an online form today to take advantage of a free, confidential consultation that will let you discuss your rights and the importance of fighting the charges aggressively.
- Marijuana Charges