What is the penalty for class b midemeanor for criminal possession of marijuana in the fifth degree

If it is her first offense, she is probably eligible for an ACD (adjournment in contemplation of dismissal) where the case gets adjourned for one year, then at the end of that year, if she stays out of trouble, the case gets dismissed and sealed. Depending on the circumstances, other things are possible, but with a good attorney she will likely get the ACD. Is suggest contacting a local attorney to represent her. You can use the "find a lawyer" area of this website.

Under CPL 170.56 she is eligible for an adjournment in contemplation of dismissal. If she stays out of trouble for one year and performs any punishment assigned, (there may be none), the charges will be dismissed and the record sealed after the year adjournment. This may be granted by a judge even if the prosecutor objects. Consult a local attorney as many experienced attorneys have reduced fees for these cases.

There is a very good chance the case will ultimately be dismissed. Jail, and even a fine, is highly unlikely. If you do not appear with counsel one will be provided by the court. You probably have nothing to worry about. Good luck.

The maximum possible sentence is up to 3 months in jail and a fine of up to $500. Your attorney may be able to obtain an outright dismissal, ACD (adjournment in contemplation of dismissal), reduction in fines or penalties, or probation. If not an outright dismissal, you could receive an ACD, in which your case will dismissed and sealed, if you successfully complete the program within a year.

A good criminal defense lawyer may be able to get this dismissed tomorrow. The max penalty is 90 days in jail but that is not going to happen.