Blog
Marijuana Possession & THC Vape Charges in Brooklyn
Contents
Dealing with drug charges like marijuana possession or THC vape charges in Brooklyn can be really stressful and confusing. Believe me, I get it. You’re probably freaking out wondering what’s gonna happen next and if this is gonna end up on your record. I would be too! This stuff ain’t no joke.
But take a deep breath. There are options and people out here who can help. I wanted to give you a quick rundown on how these charges work and what some of your options are for fighting them in Brooklyn specifically.
The Charges
Let’s start with what exactly you’re looking at:
- Marijuana Possession – This is when you get caught with weed on you, whether it’s a couple grams or pounds worth. The penalties depend on how much you had, whether you have any prior drug convictions, and a few other factors. But for small personal use amounts, it’ll usually be a fine and maybe some community service or drug counseling classes.
- THC Vapes – These are trickier. Under New York state law, these are still illegal even though weed itself has been decriminalized. If you’re caught with a THC vape cartridge or THC vape pen, you could face a misdemeanor charge punishable by up to a year in jail and a $1,000 fine. Not good.
The specific charges and penalties you’ll face depend on your exact situation. A Brooklyn criminal defense lawyer can look at the details of your case and figure out exactly what you’re up against.
Fighting the Charges
Here’s the good news – you have options for fighting marijuana and THC vape charges in Brooklyn. A few solid defenses can include:
- Illegal Search – If the cops didn’t have a legal reason to search you in the first place, any evidence they found may get thrown out. This can completely beat the charges.
- False Statements – If there are mistakes or lies in the police reports against you, this can help knock down the case.
- Chain of Custody Issues – If the prosecution can’t 100% prove the weed/vape they say is yours actually is yours, that introduces enough doubt to beat the charge.
An experienced Brooklyn criminal lawyer knows all the ins and outs here and exactly how to attack the case against you. Don’t leave it to chance with an overworked public defender. Hire your own lawyer who can focus 100% on your defense.
How a Conviction Could Impact You
If you do end up pleading guilty or being convicted at trial, some consequences could include:
- Up to 1 year in jail for misdemeanor THC vape possession
- Up to $1,000 in fines
- Probation requiring drug tests and counseling
- Community service hours
- Suspended driver’s license
- Difficulty finding a job, renting an apartment, getting student loans etc. due to a criminal record
It can also impact child custody cases, immigration status for non-citizens, and other legal situations you find yourself in down the road. A drug conviction makes everything tougher.
Options for Avoiding a Conviction
The good news is there are still options for avoiding a conviction even if your lawyer can’t beat the actual charges:
- Plea Bargain – Work out a deal to plead to a lesser offense in exchange for a lighter penalty. Often the least risky option.
- Diversion Program – Complete drug counseling, community service, etc. and get the charges dismissed.
- Section 216 Sealing – Gets marijuana possession charges sealed under this special New York law after completing diversion requirements. It’s like the arrest never happened.
A skilled Brooklyn marijuana defense lawyer knows all the diversion programs and plea deals that prosecutors tend to offer for marijuana and THC vape charges. They can negotiate to get your penalties down to something manageable.
Finding the Right Lawyer for Your Case
If you or a loved one are facing marijuana or THC vape charges in the Brooklyn area, don’t leave anything to chance. Work with a lawyer who specializes in cannabis defense specifically. Look for things like:
- Solid record of positive case results
- Familiarity with Brooklyn courts and prosecutors
- Experience with diversion programs and plea negotiations
- Affordable payment plans
I’d recommend checking legal sites like Avvo, LawInfo, and FindLaw to find highly-rated local lawyers to discuss your case. Read reviews and compare credentials. Make some calls and find someone you feel comfortable with.
Having an experienced Brooklyn marijuana crimes lawyer in your corner can make all the difference here. Don’t just take whatever plea deal they offer you without exploring all your options first or trying to get the charges reduced or dismissed. This can impact the rest of your life if you end up with a drug conviction following you around. Get a lawyer on your side ASAP.
You can get through this! Stay positive and be proactive about finding solutions. If you have any other questions on fighting marijuana or THC vape charges in the Brooklyn area, let me know. I’m always happy to help out. Best of luck!