This case deals with a juvenile who was charged with marijuana possession and possession of drug paraphernalia. An adjudicatory hearing was held and the court determined that the evidence was enough for the allegation of possessing drug paraphernalia, but dismissed the charge of possession of marijuana. The juvenile is appealing…
New York Criminal Lawyer Blog
Defendant Contends 6th Amendment Rights Were Violated
The appellants in this case were convicted of one count of possession of marijuana with the intent to sell. A New York Criminal Lawyer said the appellants argue that the Speedy Trial Act as well as the 6th amendment barred them from being prosecuted. The appellants also challenge the sufficiency…
Student Suspended for Marijuana Possession
Outside of the guidance counselor’s office at the high school, a student was found sleeping. His skin was gray and he appeared to be extremely sick. The student was transported to the hospital and it was determined that he had consumed marijuana while on his lunch break. The student claimed…
Court Discusses Constructive Possession in Drug Case
The case before the court is one of appeal from a conviction of possessing more than five grams of marijuana. The appellant was charged with possessing more than five grams of marijuana (marijuana possession), possessing hashish, and possessing PCP. The appellant was acquitted for the possession of hashish and PCP…
Defendant to Multiple Criminal Charges was a Police Officer
The defendant was charged with several crimes and was found guilty for the commission of said crimes that included grand larceny, bribery receiving, official misconduct, and sale of illegal drug, criminal possession of stolen property and unlawfully disposing of a weapon. The accused who was a police officer, being accompanied…
Defendant Contends Police Lacked Probable Cause in Drug Possession Case
Case Background The police responded to a citizen’s report that marijuana was being grown in an open field. When the police officer arrived at the area described he found between 40 and 50 marijuana plants growing about a hundred yards from a home that was occupied. A New York Criminal…
Court Discusses Medical Marijuana Laws
This is a case being heard in the Supreme Court of the United States. A New York Criminal Lawyer said the main question that is presented in this particular case is whether the Congress has the power under article 1 section 8 of the constitution to regulate commerce with several…
Court Discusses Constructive Possession in Drug Case
The defendant in this case is appealing an order that revoked his community control and resulted in a five year prison sentence. The defendant argues that the state did not establish that he had constructive possession of marijuana that was found in a car that he was a passenger in.…
Defendant Says Insufficient Evidence for Marijuana Possession Charge
The defendant in this case is appealing his conviction for multiple drug charges. Case Background A New York Criminal Lawyer said the charges that were made against the defendant come from a drug purchase made by an undercover police officer. The purchase took place inside of a house. The defendant…
Defendant Receives an Enhanced Sentence for Prior Marijuana Charges
The defendant is appealing his sentence of 210 months that was imposed after he pled guilty to possessing a firearm as a convicted felon. The defendant is challenging the fact that the district court determined that he qualified for an enhanced sentence under the Armed Career Criminal Act. The Armed…