Legal Question in Criminal Law in New Jersey

I was arrested on May 9th,2009 for possession of a controlled substance to wit:cocaine.Also possession with the intent to diostribute and possession within 1000 ft. of a school zone.I was searched and found to be in possession of no narcotics what soever.The individual that I was talking to was found to be in posssession of (1) bag of cocaine. I had nothing on me, but was taken down to city haLL as already stated above.I was released on bail and I filed a complaint against the officer for assault theft improper search. The officer that filed these charges against me was found guilty by internal affairs of excessive force and several other violations of police police policies and procedures.My question is this case tainted and is it grounds for dismissal? Mysecond question is, is this case prosecutible,being that the arresting officer has already been found guilty of violating my constitutional rights? Now we get to the really good part, this officer is the only officer that is saying that he saw a transaction out of six police officers that arrived at the seen.All of the other officers will testify that I had no drugs on me and that they told the officer in question to let me go because I had no drugs on me.This officer that arrested me was determined to lock me up solely because I had money on me and he wanted to steal some of it for himself which is what he did.This very same officer is presently under investigation for two more misconducts and theft charges,besides my case in which he has already been found guilty of.I also need to know if the heresay rule applies in my case, because there is no evidence against me other than the complaining officer saying that he saw a transaction and then the prosecution offered the guy that they found the bag of drugs on probation if he says that he got the bag of drugs off of me, in which he is now saying.I do have a extensive record for drugs, but i,m not guilty of this.Can they prosecute me on a case such as this?Is this case by law prosecutable?


Asked on 10/10/10, 5:55 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Without a good lawyer, it may not even matter if you have a good case or not. Sounds like you need a good one to look into the other issues that this officer is involved in.

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Answered on 10/15/10, 6:05 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

You should get a lawyer. Call me if you wish. The case should be won.

I go to NJ and PA Courts....and would be happy to help you.

Sincerely

Saul Segan

www.saulhsegan.com

215-732-4000

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Answered on 10/21/10, 7:20 am


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