Legal Question in Criminal Law in New Jersey

I was arrested for a conspiracy charge.

After I got arrested, the police went into my car and took some information and have now used it against me to strengthen their case. They have put it in the discovery and also presented it to the Grand Jury .

All the other information I gave the officer in person was false/fake information, and I purposely left the REAL information behind in my car because I chose not to give it to the officer.

And now they are using it in the discovery and also gave it to the grand jury. The never told the jury that I withheld important information in the car and chose not to give it to him. Is this not illegal or considered tampering/planting evidence? Do they have a legal right to enter my car and take the evidence like that?


Asked on 8/21/10, 10:03 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What you describe is not evidence tampering, since the evidence seems to be real. It also is not evidence planting, since it does not appear that the police put the evidence in your car.

I would need to know more about the circumstances surrounding the search before I could say whether it was illegal.

One thing I can say is that you need a lawyer immediately. No one should try to defend himself from serious criminal charges -- especially someone who misunderstands the law as badly as you do. (To take but one example, the fact that you knowingly gave the police false information will hurt your case, not help it.)

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Answered on 8/26/10, 10:14 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Every case turns on the facts. My guess is that you have a public defender. If you don't trust your attorney enough to ask him/her this question, nothing anyone on here says will ever help you. You need an attorney that will fight for you. Call me anytime.

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Answered on 8/27/10, 3:28 am
Ronald Aronds Law Office of Ronald Aronds, LLC

The seizure of the evidence from your car may or may not have been legal. I would need to review all the evidence and facts in your case before I could give you a definite answer. 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.- 908-272-0111

www.njworkerscompensationlaw.com

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Answered on 8/27/10, 10:49 am


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