Defending Against Charges Under Changing State Law
Marijuana Charges defense in White Plains and surrounding areas for unlawful possession or distribution allegations despite legal reforms
Law Office of Michael D. Litman, PLLC represents individuals facing marijuana charges in White Plains, New Rochelle, Yonkers and surrounding areas. You need this representation when you have been charged with unlawful possession or distribution despite recent changes to New York marijuana laws, and the charge could result in a criminal record that affects your employment or professional licensing. The work involves clarifying what conduct remains illegal under current law, challenging improper vehicle searches, and building a defense strategy focused on minimizing record damage and avoiding collateral consequences.
While New York has decriminalized certain marijuana possession offenses, many charges are still filed based on the amount possessed, the location of the arrest, or allegations of intent to distribute. This service addresses the problem of facing prosecution when the law has changed and many people assume all marijuana possession is now legal. The attorney explains what thresholds and circumstances still result in criminal charges, reviews whether the search that led to the discovery of marijuana was lawful, and challenges cases where police exceeded their authority during a vehicle stop or search.
If you have been charged with a marijuana offense in White Plains, contact the office to discuss the specific allegations and what resolution strategies apply under current law.
How Marijuana Cases Are Defended Under Current New York Law
You will work with the attorney to review the arrest report, the amount of marijuana alleged, and the circumstances under which it was discovered. The attorney examines whether the stop was supported by reasonable suspicion, whether the search was conducted lawfully, and whether the prosecution can prove the amount exceeds the legal threshold for possession. Motion practice is used to suppress evidence obtained through unlawful vehicle searches, which are common in marijuana cases where police claim to have smelled marijuana as justification for a search.
After the defense is presented, you will see either dismissal of the charges, reduction to a violation that does not result in a criminal record, or a negotiated resolution that avoids employment-related consequences. Law Office of Michael D. Litman, PLLC focuses on protecting clients from collateral impacts such as loss of professional licenses, employment background check issues, and restrictions on student financial aid. The attorney explains what the current law allows, what conduct remains illegal, and what defenses apply when the arrest was based on an improper search or an incorrect understanding of the law.
The service does not include representation in federal marijuana cases or charges involving large-scale distribution. The focus is on individuals facing state charges where the legal landscape has changed and resolution strategies must account for both the new law and the lingering enforcement practices.
Clients charged with marijuana offenses in White Plains often ask how the law has changed and what defenses apply to their case.
Common Questions About Marijuana Charges and Legal Changes
Possession of more than three ounces, public use in prohibited areas, distribution without a license, and possession with intent to sell remain criminal offenses, and the penalties vary based on the amount and the circumstances.
What marijuana conduct is still illegal in New York?
If police stopped your vehicle without reasonable suspicion or searched it based solely on the smell of marijuana, the attorney files a motion to suppress the evidence, arguing that the search violated your Fourth Amendment rights.
How does the attorney challenge a vehicle search?
Prosecutors allege distribution when the amount exceeds personal use thresholds, when packaging materials or scales are found, or when there is evidence of sales activity, but the defense can challenge these inferences if the evidence is weak.
When does possession become a distribution charge?
Marijuana use and possession in certain locations such as schools, public housing, or federal property remain illegal regardless of state law changes, and the prosecution's case depends on proving the location element.
Why does the location of the arrest matter?
Even a misdemeanor marijuana conviction can appear on background checks and affect professional licensing, commercial driver's licenses, and certain government employment, so the goal is to resolve the case without a criminal record.
What are the employment consequences of a marijuana conviction?
Marijuana charges in New York are less common than they once were, but they are still filed and still carry consequences that affect your record and employment. Reach out to the office to review the charges and discuss what defense strategy applies under the current law.