Legal Question in Criminal Law in New Jersey

criminal law/mailbox rights

My boyfriend just got a call from the police saying that the mailman found marijuana and a pipe in a little bag in his mailbox. I dont know many details, but I know the contraband does not belong to him. The police are insisting that it belongs to him since it was found in his mailbox. He told them he doesnt know where it came from or who couldve put it there. I am wondering was the mailman authorized to look inside the little bag if the mail flag wasnt even up? Now I am worried that the police are going to press criminal charges on him. I think somebody that doesnt like him put it there to get him in trouble. Is there anything we can do?


Asked on 12/22/08, 3:55 pm

5 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: criminal law/mailbox rights

Yes he has the right to look in the bag left out in public. However, my advice is always not to worry about something that hasn't happened yet.If the police really thought that they had a case against your boyfriend they would have just filed a complaint and not called him up to talk about this. If they police do later on bring a charge against your boyfriend for this incident then please contact me to discuss this. I have handled many cases similar to this in various courts throughout New Jersey in the past, and I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/23/08, 1:56 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: criminal law/mailbox rights

You have zero mailbox rights. A mailbox is federal property.

However, your boyfriend should talk to an attorney right away about this case.

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Answered on 12/22/08, 4:14 pm
Gary Moore Gary Moore Attorney At Law

Re: criminal law/mailbox rights

He needs an attorney. They will try to charge him with the drugs but it would appear that other persons also had access to his mailbox.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/22/08, 5:05 pm
Michael Berman Law Offices of Michael A. Berman

Re: criminal law/mailbox rights

Nothing is as easy as it seems when it comes to mailboxes and other areas where many people have access...

I've been a criminal defense attorney for more than 15 years, and I know I can help in this situation. Feel free to write back with more details to [email protected]. What county/municipality are we talkin about??

Mike

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Answered on 12/22/08, 7:31 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: criminal law/mailbox rights

He needs a good attorney. There are a lot of issues to discuss. Call me at 732/247/3340 to talk about them.

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Answered on 12/22/08, 9:32 pm


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