Legal Question in Criminal Law in New Jersey

Changing plea for marijuana possession

My wife and I have a friend staying with us for a little while. One day while I was at work and my wife and friend were home, the friend wanted to kill himself. He called his parents and told them this and informed them of where he was. My wife did not call me, but instead took our friend to a nearby hospital. The friends parents call the house and get no answer. The parents call the local police who enter our house via the basement door which was open. During their search of the house, they found a small amount of marijuana.

My wife and I are both processed for possession of under 50 grams.

A few weeks later we go to court to enter our plea and we both say ''not guilty'' hoping that a lawyer could get the charges dropped or the penalties lessened. After talking to a few lawyers, I find out that they can't do anything, but since it's my first offense, I should just take the 1 year probation and be done with it.

Can I change my plea without going back to court?


Asked on 10/28/03, 1:14 pm

1 Answer from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Changing plea for marijuana possession

You must go back to court. But was the marijuana just out there in plain view on a table or on the floor? How come the police is snooping around your stuff if they are just looking for a person who is in need of help? Sounds to me like they conducted an illegal search of your house. If the marijuana was well hidden inside of a container or inside of a closed room or other receptacle, then you have grounds to have the case dismissed. Most people don't leave their stash out on a table or counter like a set of keys for the world to see. Most people keep this stuff hidden. Did they enter your house with a police dog? You should speak to a criminal defense lawyer. Call 201-646-9799

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Answered on 10/28/03, 2:14 pm


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