Legal Question in Criminal Law in New Jersey

2c:35-10A(4)

My husband and I and our nephew were arrested in point pleasant NJ beach on friday. The officer said he seen us pass marijuana from the other side of a small park by our hotel. However it was a cigarette and my husband smokes little cigars. They did not belive us and also gave us drinking in public summons which we admit to. ( we had 2 empty cups and one with beer) We have to be back in court tuesday. we live in long lsland NY Do we have any recourse in getting the drug summons dropped. I do not know if they found anything on the ground being we were only in the park 10 min or so and it is a public place We are middle age family people Help do we have a Prayer?


Asked on 8/10/08, 2:26 pm

5 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: 2c:35-10A(4)

This sounds like a defensible case. Feel free to give our offices a call.

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Answered on 8/11/08, 9:14 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 2c:35-10A(4)

You are innocent until proven guilty. If they did not actually find any marijuana on you or in your vicinity, and they did not do any urine or blood tests to see if you had any drugs in your system, then you have a real chance that you won't be convicted of the drug charge. I would have to review all of the evidence before I could give you a definite answer, however. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. Please contact me to discuss your case in more detail. 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 8/11/08, 12:54 pm
Gary Moore Gary Moore Attorney At Law

Re: 2c:35-10A(4)

Of course you have more than a prayer. I do no know how someone standing at a distance could identify marijuana.

Call me if you like.

Gary Moore, Esquire

Hackensaack, New Jersey

www.garymooreattorneyatlaw.com

[email protected]

201/602/8090

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Answered on 8/10/08, 2:36 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: 2c:35-10A(4)

I was just there a few days ago and you have some good facts on your side. I have an office in Ocean County and Monmouth County so I am there frequently. If you hire an attorney, you probably won't have to even show up for court.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case. I should be around most of the day, so if you get my voicemail, leave me a message and I'll call you right back.

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Answered on 8/10/08, 3:02 pm
Allan Marain Law Offices of Allan Marain

2c:35-10A(4)

You have two choices. I'll call them the "easy way" and the "hard way."

With the "easy way," you ask the judge for what is called a conditional discharge. With a conditional discharge, you do not plead guilty, and you do not get a trial. You are, however, placed on probation. The period of the probation is usually for one year. During that time you may have to report to a probation officer, and you may have to submit to urine tests. There will be fines (technicallly "assessments") of about $830.00. If you successfully complete your probation, the marijuana charge will be dismissed. You will then have a record of an arrest, but NOT of a conviction. You can apply six months after that to have the arrest record expunged. This "easy way" applies only to the marijuana charge. It does not apply to the drinking in public charge.

The "hard way" means fighting the charge. Based upon your information, if you fight the charge, there is a decent (greater than 50%) chance that you will ultimately win. However, it will be a long and expensive battle, and there are, of course, no guarantees. While you would likely be able to pursue the "easy way" on your own, for you to have any chance of success the "hard way," you would have to have a lawyer.

My web site discusses charges such as yours in a bit more detail. I would encourage you to visit http://www.njmarijuana.com.

Good luck.

A.

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Answered on 8/10/08, 3:09 pm


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