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Mariatheresa · Sep 19, 2012, 02:41 PM

I have 2 prior A misdemeanors on my record 1 of which was a reduced charge & the other I believe was dropped to disorderly conduct. I was resently arrested for cpcs 7th for the first time. My last arrest being over 9yrs ago. What will the D.A. more than likely offer me. I did explain to them that it was personal use.

JudyKayTee · Sep 19, 2012, 02:51 PM

Originally Posted by Mariatheresa

I have 2 prior A misdemeanors on my record 1 of which was a reduced charge & the other i believe was dropped to disorderly conduct. I was resently arrested for cpcs 7th for the first time. My last arrest being over 9yrs ago. What will the D.A. more than likely offer me. I did explain to them that it was personal use.

It's impossible to know - doesn't your Attorney have a sense of what it might be?

Do you actually know what CPCS 7th is? (I'm also in NY - it's "Criminal Possession of a Controlled Substance in the Seventh Degree.") It's a Class A misdemeanor (not a felony, Section 220.03 of the Penal Code), punishable by up to one year in jail.

The charge is placed when when someone KNOWINGLY and UNLAWFULLY possesses a controlled substance. Obviously if it's for personal use, you knew you had it and I'm pretty sure you know it was unlawful. The control is ownership, that you have it on you, that someone else under your control is holding it for you.

It appears you were not charged with possession with intent to sell, so the authorities already know it was for your personal use.

"Possess" means to either actually have it, but it also means to have control over it even though it's not on you at the moment.

Mariatheresa · Sep 19, 2012, 03:03 PM

Well I've got court on Friday. Im just a little nervous about what the outcome may be. Bt everyone keeps telling me not to worry a lot because its only a misdemeanor and that the d.a. will probably reduce the charge. Especially because I've never been charged for drugs.

JudyKayTee · Sep 19, 2012, 03:06 PM

Originally Posted by Mariatheresa

Well ive got court on friday. Im just alittle nervous about what the outcome may be. Bt everyone keeps telling me not to worry alot because its only a misdemeanor and that the d.a. will probably reduce the charge. Especially because ive never been charged for drugs.

I hope "everyone" is right - you just never know. "Only" a misdemeanor or not if this goes on your criminal record you will be stuck with it literally forever.

Mariatheresa · Sep 19, 2012, 03:12 PM

I do understand that but at this point id take anything over jail time. I mean I've literally seen cop magnets and repeat offenders get off time and again. Now for my part I took full responsibility for what was found except the scales/cut they found. My friend told the cop it was his and they told me if its in my house then its mine. That day several people were here. Could I have that on my side or what should I say?

Mariatheresa · Sep 19, 2012, 03:16 PM

Oh and the original warrant was for heroine. They thought I was selling out of my house. Mind you the warrant was not even in my name. It was under a persons name that doesn't even reside here. They found nothing. The charge on the paperwork is cpcs 7th 220.03 & 220.50. Is that 1 charge or 2?

JudyKayTee · Sep 19, 2012, 03:36 PM

Originally Posted by Mariatheresa

Oh and the original warrant was for heroine. They thought i was selling out of my house. Mind you the warrant was not even in my name. It was under a persons name that doesnt even reside here. They found nothing. The charge on the paperwork is cpcs 7th 220.03 & 220.50. Is that 1 charge or 2?

It's a separate charge - 220.50 is possession of drug paraphernalia. How did the Police get if they had a warrant for a wrong name? Someone must have granted them admittance -?

First offense for paraphernalia is the same as 220.03 - 1 year in jail (not prison) if guilty.

If they found scales I'm very surprised you weren't charged with possession with intent to sell.

Mariatheresa · Sep 19, 2012, 03:50 PM

Right. Bt the charge on the paperwork said cpcs 7th with the codes 220.3 & 220.50. If its 2 separate charges whyd the paperwork only say cpcs 7th? And my friend told them that the scales/baggies/ cut which is a legal substance you can buy at g.m.c. Belonged to him. So what should be my defense in court?

Mariatheresa · Sep 19, 2012, 03:52 PM

Unless they put it into 1 charge. Because the paper work said cpcs 7th( unlaw usage,drug para)

Mariatheresa · Sep 19, 2012, 03:54 PM

They got it because they had a search warrant with my friends name on it. He does not reside with me, he happened to be there that day.

JudyKayTee · Sep 19, 2012, 03:59 PM

Originally Posted by Mariatheresa

Unless they put it into 1 charge. Because the paper work said cpcs 7th( unlaw usage,drug para)

It's two charges, two sections were violated - both fall into the same category, cpcs 7th.

Mariatheresa · Sep 19, 2012, 04:08 PM

Oh,so is it a good thing that I didn't get charged with the. Others? Intent to sell. And do you think the fact that this is my first time with drug charges will make the d.A. Take make certain considerations?