CRIMINAL COURT, DOWNTOWN BROOKLYN. I'm working arraignments first night of Labor Day weekend. Also day one of @NYCMayor's super hyped new marijuana policy, where most people are not supposed to get arrested for possession of small amounts of weed. Let's see how that plays out. 
Seems like a lot of people don't realize you may not get arrested, but you will get a summons, & the summons will be for the exact same charge. You still have to appear in court, just summons court. This doesn't address racial disparity at all, at most it changes the venue.
So far no weed cases have come through, but that's because hardly any cases have come through. That's because a lot of police are on vacation through Sunday & so there have been very few arrests. Arrest numbers are always directly proportional to the number of cops on the street.
Last weekend, I worked night court & a 16 year old boy came through charged with unlawful possession of marijuana. This was before @NYCMayor's new policy came into effect, but, remember, separate & apart, @BrooklynDA is not meant to prosecute simple marijuana possession cases.
If all these separate policies get confusing, don't worry, it's probably the intent. Anyway, my 16 year old client was arrested by police & charged w/ possession of gun b/c they alleged they saw him throw gun in trash can. When they searched him they found weed in his pocket.
He had no idea he was being charged with gun until he was at precinct. He was terrified when they told him. He knew nothing about a gun. Turns out there was in fact no gun. When he was brought to arraignments all he was charged with was the weed.
Anyone reading this who thinks the fact that someone was arrested on a gun charge means something, it doesn't. I asked the prosecutor if this was a case where they believed he had a gun but just didn't have enough evidence to pursue the charge, she said no, it was a mistake.
Anyway back to the marijuana, I said why are you prosecuting this, your policy now is to dismiss these cases in the interests of justice. She said no. When I asked why, she pointed to the arrest on the gun charge, which she had just admitted was a mistake.
She then offered my client an ACD, which is an adjourned dismissal. I asked the court for immediate sealing. Normally the prosecutor would take no position. She opposed. The judge asked me why I wanted immediate sealing. I said because my client is 16 and has no record.
When a case is adjourned for dismissal, it looks like an open case for the period until it is dismissed (here 6 months). The judge said no b/c that was apparently not a compelling reason.
All of this matters. It matters because a 16 year old boy should not be accused of possession of gun "by mistake" & then arrested & prosecuted for marijuana possession (oh did I mention the stop & search was almost certainly illegal) period.
It especially matters because @NYCMayor & @BrooklynDA issue press releases about their progressive marijuana policies & tackling racial disparities, but the reality for my Black teenage client was so abjectly different.
Anyway I am on dinner break. About to head back to court. Had wanted to tell that story.
