By Josh Saul| April 23, 2014 | NY Post
Fire ‘em up, Brooklynites!
Brooklyn DA Ken Thompson no longer plans to criminally prosecute potheads without previous criminal records who are busted for possession of small amounts of marijuana.
In a memo obtained Wednesday by The Post that outlines the new policy, the former federal prosecutor said such prosecutions are a waste of resources and unfairly stigmatize too many “young people of color” with criminal records.
“When a defendant has neither a criminal record nor an open arrest or warrant, it makes no sense for the criminal justice system, including a District Attorney’s Office, to devote its scarce resources to lengthy case processing,” the memo stated.
Sources said the memo was sent to NYPD Commissioner Bill Bratton, and that police brass had a meeting scheduled for Wednesday afternoon to discuss the DA’s plan.
The policy would apply only to those busted on a Class B misdemeanor possession of marijuana charge.
Thompson’s memo said the Brooklyn DA’s office processed 8,500 arrests in 2013 in which the top charge was Class B possession of marijuana — and that “more than two-thirds of those cases ended up being dismissed.”
Those dismissals typically occur during the suspect’s arraignment in criminal court after he or she has already spent a day or more in a holding cell, he said.
But even those issued desk appearance tickets face hardships, the DA argued.
“Even when the defendant is issued a DAT (sparing him or her the daunting holding cell experience) the defendant must still make sure that he or she appears in court on the DAT arraignment date,” time that “might otherwise be spent in school, at a job or caring for a child.”
Thompson wanted to fulfill a long-standing campaign promise to treat low-level pot busts as violations, which would mean defendants would not have criminal records.
The new DA had pledged during his campaign against Charles Hynes that those busted on minor pot charges would be fined $100 rather than prosecuted criminally.
Thompson’s campaign issued a statement prior to the election saying that cases involving arrests for small amounts of pot are “clogging our court system and diverting police and prosecutorial resources from violent crimes that are on the rise in Brooklyn.”
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